P. v. Kirby
Kenneth Dale Kirby III pleaded no contest to one count of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and admitted allegations that he personally used a firearm during the commission of the offense (Pen. Code, § 12022.5, subd. (a)). The trial court denied probation, awarded two days of actual custody credit, and sentenced Kirby to a six-year prison term consisting of a three-year midterm for the assault, and a consecutive three-year term for the firearm use enhancement. It ordered Kirby to pay various fees and fines. Kirby filed the present appeal. We affirm the judgment and remand with directions to amend the abstract of judgment as described below.
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