P. v. Luchie
A jury found defendant guilty of possession of a firearm by a felon (Pen. Code, 12021, subd. (a))[1](count 1), possession of ammunition by a felon ( 12316, subd. (b)(1)) (count 2), and receiving stolen property ( 496, subd. (a)) (count 3). In a bifurcated proceeding, the trial court found true that defendant had served three prior prison terms ( 667.5, subd. (b)) and two prior strike convictions ( 667, subd. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A).) Defendant was sentenced to a total term of 28 years to life in state prison as follows: 25 years to life on count 1, plus an additional three years for the three prior prison term enhancements; the same sentences were imposed on counts 2 and 3 to run concurrently.
On appeal, defendant contends (1) his sentence on count 2 should have been stayed pursuant to section 654; (2) there was insufficient evidence to sustain his conviction on count 3; and (3) the trial court abused its discretion in declining to dismiss one or more of his prior strike convictions. Court agree with the parties that defendants sentence on count 2 should have been stayed but reject defendants remaining contentions and affirm the judgment.
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