P. v. Seclan
A jury convicted Johny Seclan (appellant) of first degree burglary (Pen. Code, 459)[1] (count 1), child abuse ( 273, subd. (a)) (count 9), and assault with a semiautomatic firearm ( 245, subd. (b)) (count 5). As to all three counts, the jury found that appellant personally used a firearm in commission of the offenses within the meaning of section 12022.5. The trial court sentenced appellant to a total term of 12 years and eight months in prison. In count 5, the trial court imposed the midterm of six years and four years for the firearm-use allegation, for a total of 10 years. In count 9, appellant received 16 months (one-third the midterm) along with 16 months for the firearm-use allegation for a total of two years, eight months. The trial court stayed a concurrent sentence in count 1 (four years for the burglary and four years for the firearm use allegation) pursuant to section 654. Appellant appeals on the ground that the trial courts admission of the 911 call in this case was prejudicial error and requires reversal. Court affirm.
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