P. v. Brumett
Appellant, Brian Lee Brummett, was charged in an information with attempted murder (Pen. Code, 664 & 187, subd. (a), count one),[1]shooting at an occupied vehicle ( 246, count two), assault with a semiautomatic firearm ( 245, subd. (b), count three), brandishing a weapon ( 417, subd. (a)(2), count four), and participation in a criminal street gang ( 186.22, subd. (a), count five). The information included firearm use allegations ( 12022.5, subd. (a), counts one and three) and an additional firearm use allegation ( 12022.53, subd. (b), count one). There were also gang allegations ( 186.22, subd. (b)(1), counts one, two & three; 186.22, subd. (d), count four). Appellant contends the trial court erred under section 654 in failing to stay his conviction on count five for being a member of a criminal street gang because his conviction on count four for brandishing a weapon shared the same criminal intent. Appellant contends that his right to a jury trial was violated because the trial court imposed consecutive sentences. Appellant finally contends, and responded concedes, that there is an error in the abstract of judgment.
Comments on P. v. Brumett