P. v. Rubin
Appellant Mario Rubin pled guilty to one count of carrying a concealed weapon in violation of Penal Code[1]section 12015, subdivision (a)(2). In a consolidated case, appellant was convicted, following a jury trial of one count of shooting at an occupied motor vehicle in violation of section 246 and one count of assault with a firearm in violation of section 245, subdivision (a)(1).[2] The jury found true the allegation that appellant personally used a firearm in the commission of the assault within the meaning of section 12022.5, subdivision (a)(1). Appellant admitted that he had suffered a prior sustained juvenile petition for carjacking. He also admitted that he committed the section 245 and 246 offenses while released on bail within the meaning of section 12022.1. The trial court sentenced appellant to a total term of 16 years, 8 months in state prison for the two cases.
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