P. v. Carvajal
Defendant Steven Carvajal was convicted of several crimes. The trial court selected the assault with a firearm to serve as the principal term for defendant’s sentence. In addition to imposing a term for the substantive offense, the court also imposed a term for the gang enhancement under Penal Code section 186.22, subdivision (b)(1)(C) for a violent felony and for the personal use of a firearm under section 12022.5, subdivision (a).[1] The sole issue on appeal is whether the court erred in imposing both enhancements. The Attorney General concedes error, and we reduce the term of the gang enhancement so that it does not violate our high court’s holding in People v. Rodriguez (2009) 47 Cal.4th 501 (Rodriguez). We also order the abstract of judgment be modified to reflect defendant’s actual convictions. As modified, we affirm the judgment of conviction.
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