P. v. Jones
In a nonjury trial the court found appellant guilty of shooting at an inhabited dwelling, unlawful possession of a firearm and street terrorism. The court denied appellant’s motion for a new trial, and sentenced him to a total determinate term of 27 years plus an indeterminate term of 15 years to life.
On this appeal Jones contends: (1) he was denied effective assistance of counsel because his trial counsel “failed to investigate and present crucial exculpatory evidence in a timely way”; (2) the court erred in imposing the 7 years on the section 246 count 3 conviction because the section 186.22, subdivision (b)(4)(B) term of 15 years to life he also received on that count is an alternative sentencing provision and not an enhancement; (3) the court erred in imposing the 20-year section 12022.53, subdivision (c) enhancement because this enhancement was inapplicable to appellant’s section 246 conviction; and (4) if imposition of the 20-year section 12022.53 enhancement was not error, then appellant’s 10-year section 12022.5, subdivision (a) enhancement (which was imposed but stayed) for personal use of a firearm must be stricken.
The seven-year sentence imposed on the section 246 conviction was ordered stricken, along with the 10-year section 12022.5, subdivision (a) enhancement and the 15 years to life. On remand, the court shall impose the 15 years to life called for by section 186.22, subdivision (b)(4) as a penalty for the section 246 count 3 conviction itself. The matter is remanded to the trial court for resentencing in accordance with the views expressed in this opinion.
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