P. v. Nisby
Reginald Charles Nisby appeals the judgment following his conviction for premeditated attempted murder (Pen. Code, 664/187, subd. (a)),[1] mayhem ( 203), and attempted robbery ( 664/211). As to each offense, the jury found true the allegation that he personally discharged a firearm causing great bodily injury ( 12022.53, subd. (d)), and committed the offense for the benefit of a criminal street gang ( 186.22, subd. (b)(1)(C)). He contends that evidence was improperly admitted in violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), there was no substantial evidence to support the gang enhancements, and there was sentencing error under section 654. Nisby and respondent also claim other sentencing errors. Court will remand for partial resentencing and correction of certain sentencing errors. Otherwise, Court affirm.
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