P. v. Aguilar
Gregorio Aguilar appeals from the judgment entered after a jury convicted him of first degree murder with the special circumstance finding that the murder was committed during an attempted robbery (count 1; Pen. Code, §§ 187, subd. (a); 190.2, subd. (a)(17)(A))[1], attempted second degree robbery (count 2; 664/211), second degree robbery (count 3; § 211), and attempted second degree robbery (count 4; §§ 664/211). The jury found that appellant personally and intentionally discharged a firearm causing death in counts 1 and 2 (§ 12022.53, subd. (d)), and personally used a firearm in counts 3 and 4 (§ 12022.53, subd. (b)). Appellant was sentenced to a determinate term of 17 years state prison on counts 3 and 4, and, on count 1, to a consecutive indeterminate term of life without possibility of parole plus 25 years to life on the firearm use enhancement.[2]
Appellant contends that his sentence of life without parole for special circumstance first-degree murder, plus 25 years to life on the firearm use enhancement (§12022.53, subd. (d)) violates California's multiple conviction rule and federal double jeopardy principles. We affirm with directions to issue an amended abstract of judgment.
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