P. v. McClendon
A jury convicted Yacub Avicenna McClendon of second degree murder (Pen. Code[1] 187; count 1), assault with a semiautomatic weapon ( 245, subd. (b); counts 2, 4, 5 & 6) and possession of firearm by convicted felon ( 12021, subd. (a)(1); count 13). The jury found enhancements for personal and intentional use of a firearm to be true on counts 1, 2, 4, 5 and 6. The court sentenced appellant to an indeterminate term of 15 years to life on count 1, plus 25 years to life for the gun enhancement under section 12022.53, subdivision (d). On count 4, the principal determinate term, appellant was sentenced to nine years, plus a consecutive term of 10 years pursuant to section 12022.5, subdivision (a). On each of counts 5 and 6, appellant was given two years with an enhancement under section 12022.5, subdivision (a), for a consecutive term of three years four months. The sentence on count 2 was stayed. On appeal, appellant contends the section 12022.53, subdivision (d), enhancement to count 1 violates the multiple punishment bar of section 654. He also contends an erroneous true finding on enhancements under section 12022.53, subdivision (b), must be reversed because the enhancements were not charged in the information; and do not apply to counts 4, 5 and 6. We will affirm the judgment.
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