California Court of Appeal

Conviction and sentence for first degree murder, attempted first degree murder, shooting at an inhabited vehicle, and discharging a firearm from a vehicle is reversed as to an unauthorized sentence on count 2 where the trial court imposed the middle term of seven years generally applicable to attempts to commit crime punishable by life imprisonment. Imposition and stay of an enhancement for use of a firearm on count 3 should instead be dismissed since, because the use of a firearm is an element of the charged offense, it was not enough merely to stay the enhancement.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Charles M. Sevilla, San Diego, 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, Gil Gonzalez and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.