P. v. Sanchez CA6
Defendant Jose Sanchez appeals from a judgment entered after a jury found him guilty of assault with a firearm (Pen. Code, § 245, subd. (a)(2) - count 1), criminal threats (§ 422 - count 2), and elder abuse (§ 368, subd. (b)(1) - count 3). The jury also found that defendant had personally used a firearm in the commission of each offense (§ 12022.5). The trial court sentenced defendant to six years in prison. On appeal, defendant contends: (1) he was deprived of due process of law when the trial court instructed the jury to draw inferences from evidence proved only by a preponderance of evidence; (2) the sentence on count 2 must be stayed under section 654; and (3) the matter must be remanded to allow the trial court to consider whether to exercise its discretion to strike the section 12022.5 enhancement. The judgment is reversed.
Comments on P. v. Sanchez CA6