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California Court of Appeal

People v. Brown, D047721

Convictions and sentence for attempted murder, attempted robbery, assault with a deadly weapon, and drug- and firearm-related offenses are affirmed over claims that: 1) the evidence was insufficient to support defendant's conviction for being a felon in possession of ammunition; 2) the trial court violated the double punishment prohibition of Penal Code section 654 in imposing terms on his convictions for attempted murder, attempted robbery and assault; 3) the court violated his right to trial by jury in failing to require the jury make the factual finding necessary for the proper imposition of multiple terms; and 4) the court erred in imposing multiple Penal Code section 12022.53 enhancements.

Appellate Information

  • Decided 03/21/2007
  • Published 03/21/2007


  • BENKE, J.


  • California Court of Appeal


  • For Appellees:
  • Gregory Marshall, Palo Cedro, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Meagan J. Beale and Sabrina Y. Lane-Erwin, Deputy Attorneys General, for Plaintiff and Respondent.
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