P. v. Trinh
Dwight A. Trihn appeals the judgment entered following a jury trial in which he was convicted of shooting at an occupied motor vehicle with findings he personally used a firearm and personally and intentionally discharged a firearm (Pen. Code, §§ 246, 12022.53, subds. (b) & (c); count 1),[1] assault with a semiautomatic firearm with a finding he personally used a firearm (§§ 245, subd. (b), 12022.5, subd. (a); count 2) and felon possessing a firearm (§ 12021, subd. (a)(1); count 3). The jury made findings each offense was committed for the benefit of, or in association with, a criminal street gang. (§ 186.22, subds. (b)(1) & (b)(4)(B).) Appellant admitted that he had a prior conviction for attempted murder (§§ 664, 187) that was a serious felony (§ 667, subd. (a)(1)) and a strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and for which he had served a separate prison term (§ 667.5, subd. (b)).
At sentencing, the trial court imposed an aggregate term of 55 years to life in state prison. For count 1, shooting at an occupied motor vehicle, the trial court imposed a doubled base term of 15 years to life, or 30 years to life, with a consecutive determinate term of five years for the prior violent felony conviction and of 20 years for the use of a firearm, a term of 55 years to life. For count 3, felon in possession of a firearm, the trial court imposed a concurrent term of seven years. The term imposed for count 2 was imposed and stayed pursuant to section 654.
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