P. v. Miller
A jury convicted defendant Richard Miller of carjacking (count one), second degree robbery (count two), assault with a firearm (count three), theft of a firearm (count four), and two counts of felon firearm possession (counts five [Smith & Wesson handgun] and six [Beretta handgun]). (Pen. Code, §§ 215, subd. (a), 211, 245, subd. (a)(2), 487, subd. (d), former 12021(a)(1).)[1] The jury also found, as sentence enhancements, that defendant personally used a firearm during the commission of counts one through three. (§§ 12022.53, subd. (b), 1203.06, subd. (a)(1), 12022.5, subd. (a)(1).)
Sentenced to an unstayed term of 16 years four months, defendant appeals. He contends (1) the evidence is insufficient to support his convictions of carjacking (count one) and felon firearm possession (count six, Beretta); (2) the trial court erred by not instructing on the lesser included offense of simple assault; and (3) the trial court erred in imposing consecutive sentences on the carjacking (count one) and the Smith & Wesson possession (count five). We disagree and shall affirm the judgment.
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