P. v. Jamal
After a jury trial, appellant was convicted of three of six counts charged in an information, namely, possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)),[1]carrying a loaded firearm in public after having a prior violation ( 12031, subd. (a)(1)), and assault with a deadly weapon ( 245, subd. (a)(2)). The jury also found true an enhancement charging personal use of a firearm ( 12022.5, subd. (a)). Later, the court found that appellant had suffered two prior drug-related felony convictions in Alameda County.
The court sentenced appellant to the upper term of four years on the assault with a deadly weapon count (count 6) plus the upper term of 10 years for the personal use of a firearm enhancement charged as to that count.[2] Pursuant to section 654, it stayed the sentence on the remaining two counts on which appellant was found guilty. Appellant thus received a total prison sentence of 14 years. Appellant appeals from that sentence, claiming it is inconsistent with the law as set forth in Cunningham v. California (2007) 549 U.S. 270 (Cunningham). Court disagree and hence affirm.
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