P. v. Suares
Jesse Suares appeals from the judgment entered following his conviction by jury on numerous counts: (1) assault with a firearm (Pen. Code, § 245, subd. (a)(2)); (2) evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a)); (3) resisting an executive officer (Pen. Code, § 69); (4) transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)); (5) possession for sale of a controlled substance[1] (Health & Saf. Code, § 11378); (6) possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)); (7) possession of ammunition by a felon (Pen. Code, § 12316, subd. (b)(1)); (8) leaving the scene of an accident (Veh. Code, § 20002, subd. (a)); and (9) assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)).[2] Appellant contends that the trial court erred in imposing firearm enhancements pursuant to section 12022.5, subdivision (a), in counts 1 and 9 because use of a firearm is an element of assault with a firearm and assault with a semiautomatic firearm. He further contends that the court erred in imposing section 186.22, subdivision (b)(1)(C) gang enhancements on counts 1 and 9 because there was no underlying violent felony. We disagree with the contentions and affirm the judgment.
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