P. v. Berg
A jury convicted Robert Charles Berg of attempted premeditated murder (Pen. Code, 187, subd. (a); 664, subd. (a); all further undesignated section references are to this code), assault with a semiautomatic firearm ( 245, subd. (b)); possession of nunchaku, a deadly weapon ( 12020, subd. (a)(1)); six counts of possession of a firearm by a felon ( 12021, subd. (a)(1)); two counts of possession of an assault weapon ( 12280, subd. (b)); and possession of ammunition by a prohibited person ( 12316, subd. (b)(1)). The jury also found several enhancements to be true, including the allegations that defendant personally discharged a firearm during the attempted murder ( 12022.53, subd. (c)); personally used a firearm in the attempted murder and assault ( 12022.5, subd. (a)); personally discharged a firearm causing great bodily injury ( 12022.53, subd. (d)); and caused great bodily injury ( 12022.7, subd. (a)).
Defendants other arguments fare better. The Attorney General concedes, and we agree, section 654 required the trial court to stay, rather than impose concurrent sentences on, two felon-in-possession firearm counts because the court imposed consecutive sentences for possession of the same firearms as assault weapons. The Attorney General also concedes, and Court agree, the abstract of judgment must be corrected to reflect that the trial court imposed the indeterminate life term under subdivision (d) of section 12022.53, not subdivision (c), and stayed imposition of sentence on the section 12022.7, subdivision (a), enhancement. With these corrections, Court affirm the judgment.
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