P. v. Broadnax
Defendant Cottrell Broadnax, Jr., was convicted of false imprisonment, assault with a firearm, possession of a firearm by a felon, possession of a loaded firearm in a public place, and possession of base cocaine. The jury also found defendant had 14 prior convictions, including eight serious felony convictions. The trial court sentenced him to a total of 205 years to life. Defendant contends the trial court made several sentencing errors—(1) that it wrongly imposed five-year enhancements under Penal Code section 667, subdivision (a)[1] for prior serious felony convictions on counts as to which no enhancement could be made; (2) that it wrongly found defendant had suffered eight separate prior serious felony convictions under section 667, subdivision (a), when seven of the convictions occurred at a single jury trial; and (3) that it erroneously failed to stay the sentences for false imprisonment and one count of the firearm possession charges under section 654.
The Attorney General agrees defendant’s claims of sentencing error are meritorious, and we reach the same conclusion.
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