P. v. Rubin
Kyle Martin Rubin appeals from the judgment following his conviction by jury of three counts of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 187, subd. (a)/664; counts 1-3);[1] three counts of first degree burglary (§ 459; counts 4-6); and one count of attempted first degree burglary (§ 459/664; count 7). The jury also found true allegations that he personally used a knife in each attempted murder (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury on the count 2 attempted murder victim. The trial court imposed a total sentence of 31 years eight months to life. Appellant contends that the trial court admitted his custodial statements in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) and it violated section 654 by imposing the count 4 and 5 burglary sentences. We modify the judgment to stay execution of sentences for counts 4 and 5, but otherwise affirm.
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