P. v. Covarruvias
A jury convicted appellant Jose Covarruvias of two counts of the offense commonly known as street terrorism (Pen. Code, 186.22, subd. (a); counts 2 and 5) and individual counts of shooting at an inhabited dwelling ( 246; count 1), shooting at an occupied motor vehicle ( 246; count 3), and assault with a semiautomatic firearm ( 245, subd. (b); count 4). The jury also found true allegations that appellant committed the count 1 and 3 offenses for the benefit of a criminal street gang, within the meaning of section 186.22, subdivision (b)(4), and that he committed the count 4 offense for the benefit of a criminal street gang, within the meaning of section 186.22, subdivision (b)(1)(B). In a separate proceeding, the court found true an allegation that appellant had suffered a strike.
The court found appellant to be in violation of probation in another case, lifted the stay on the eight year sentence previously imposed in that case, and imposed a total prison term of 68 years to life, consisting of the following, on each of counts 1 and 3, a term of 15 years to life under section 186.22, subdivision (b)(4)(B), doubled pursuant to the three strikes law ( 667, subd. (e)(1); 1170.12, subd. (c)(1)), with the 30 year determinate portions to run consecutively, plus the previously suspended eight year term. On each of counts 2 and 5 the court imposed concurrent four year sentences, each consisting of the two year midterm, doubled pursuant to the three strikes law, and on count 4 the court imposed, and stayed pursuant to section 654, a term of 17 years, consisting of the six year midterm, doubled, plus five years for the gang enhancement ( 186.22, subd. (b)(1)(B)). On appeal, appellant contends the imposition of concurrent sentences on his section 186.22(a) convictions violated (1) the section 654 proscription against multiple punishment and (2) his rights under the double jeopardy clause of the Fifth Amendment to the United States Constitution. Court affirm.
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