P. v. McDaniel
Defendant Patrick Dewin McDaniel appeals from judgment imposing a seven-year prison term following his guilty plea to the charges of carrying a loaded firearm in a vehicle and possessing marijuana for sale. His attorney filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 requesting the court to independently review the record for potential error.[1] Pursuant to Anders v. California (1967) 386 U.S. 738, defendants counsel noted three issues that arguably might warrant relief. Following the courts independent review of the record, counsel were directed to submit supplemental briefing on four questions concerning the propriety of the sentence. After reviewing the supplemental letter briefs submitted by defendants attorney and the Attorney General, we conclude that the trial court twice impermissibly made dual use of sentencing factors to aggravate the terms imposed. Although defendant failed to object in the trial court, we deem it appropriate to consider the issue, and conclude that the matter should be remanded for resentencing.
The judgment is reversed and the matter is remanded to the trial court for resentencing.
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