P. v. Purdue
Marquis Purdue appeals from the judgment entered following a jury trial in which he was convicted of assault with a semiautomatic firearm (Pen. Code, 245, subd. (b)), with a further finding that he personally used a firearm in the commission of the offense ( 12022.5), and possession of a firearm by a convicted felon ( 12021, subd. (a)(1)). In a bifurcated court trial, he was found to have suffered prior convictions under sections 667, subdivision (a), 667.5, subdivision (b), and 1170.12 (the Three Strikes law). Defendant was sentenced to a total term of 33 years in state prison, comprised of an upper term of 9 years on the assault charge, doubled under the Three Strikes law to 18 years; an enhancement of 10 years for firearm use; and an enhancement of 5 years for a prior felony conviction. He contends that the finding of firearm use under section 12022.5 was not supported by the evidence. Court affirm and order the trial court to correct a clerical error in the abstract of judgment.
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