P. v. Peters
Reggie Peters (appellant) appeals from a 12-year state prison sentence he received (subject to local custody credits) following his convictions for involuntary manslaughter (Pen. Code, § 192, subd. (b)[1]), with personal use of a firearm (§ 12022.5, subd. (a)), and a separate conviction for possession of a firearm by a felon (§ 12021, subd. (a)(1)). He contends the personal use enhancement must be vacated because the conduct underlying his involuntary manslaughter conviction, brandishing a firearm, was a misdemeanor. Alternatively, he argues that the aggravated 10-year term he received for personal use of a firearm was an abuse of discretion. We disagree with appellant's first contention, and conclude that he has forfeited the second by failing to object at sentencing. Even if not forfeited, we conclude that the trial court's choice of the aggravated term for the enhancement was supported by the evidence. Accordingly, we affirm the judgment.
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