P. v. Meraz
A jury convicted defendant and appellant Robert Lee Meraz of carjacking (count 1; Pen. Code, 215, subd. (a)),[1]robbery (count 2; 211), dissuading a witness (count 3; 136.1, subd. (b)(1)), and misdemeanor resisting a peace officer (count 4; 148, subd. (a)(1)). The jury also found that defendant personally used a firearm ( 12022.53, subd. (b)) as to counts 1 and 2, but not count 3. Defendant contends that (1) sentencing him consecutively on the witness dissuasion count violated his right to a jury trial; (2) the trial court misunderstood its discretion to strike or run the sentence on the witness dissuasion count concurrently; and (3) there was insufficient evidence to support the use of a firearm enhancement. Court disagree with the first and third contentions, but agree with the second. Accordingly, Court reverse with instructions to resentence.
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