P. v. Ruiz
Following a jury trial, a jury found defendant guilty of burglary (Pen. Code, 459)[1](count 2) and two counts of assault with a firearm ( 245, subd. (a)(2)) (counts 3 and 4).[2] The jury also found true that defendant had personally used a firearm ( 12022.5, subd. (a)) in the commission of counts 2, 3, and 4 and that defendant had personally inflicted great bodily injury under circumstances involving domestic violence ( 12022.7, subd. (e)) in the commission of count 3. Defendant was sentenced to a total term of 22 years in state prison: the upper term of six years on count 2, plus an additional term of 10 years for the firearm use enhancement attached to count 2; a consecutive one-year term (one-third the three-year midterm) for count 3, plus a consecutive term of one year four months (one-third the four‑year midterm) for the firearm use enhancement attached to that count, and an additional term of one year four months (one-third the four‑year midterm) for the great bodily injury enhancement attached to that count; and a consecutive one-year term for count 4, plus an additional one year four months (one-third the four‑year midterm) for the firearm use enhancement attached to that count. Defendants sole contention on appeal is that the trial court erred when it imposed one of the assault convictions consecutive to the burglary offense. Court reject this contention and affirm the judgment.
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