P. v. Briones
Defendant John Valdez Briones was convicted of carjacking (Pen. Code, 215, subd. (a); all further references are to this code unless otherwise stated), second degree robbery, ( 211, 212.5, subd. (c)), recklessly evading a police officer (Veh. Code, 2800.2), taking a vehicle having suffered a prior conviction ( 666.5, subd. (a); Veh. Code, 10851, subd. (a)), and possession of a firearm by a felon ( 12021, subd. (a)(1)). The jury found he personally used a firearm ( 12022.53, subd. (b), 1203.06, subd. (a)(1)). He was sentenced to a total of 24 years consisting of the upper term of 9 years for carjacking plus a 10-year consecutive term for the firearm enhancement; a consecutive 1-year term for robbery plus an enhancement of 3 years, 4 months for the firearm; and a consecutive 8 months for the reckless evading. Finally, both defendants appeal the consecutive sentences for the carjacking and robbery as a violation of section 654. The Attorney General concedes this was error and we modify the judgment to stay the sentences on the robbery convictions.
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