California Court of Appeal

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People v. Frausto, B212054

Conviction of defendant for first degree murder and attempted premeditated murder is affirmed but the judgment is modified where: 1) substantial evidence supported the gun-use enhancements; 2) the trial court erred in imposing more than one 5 year enhancement pursuant to Pen. Code section 667(a)(1) as separate enhancements were improperly imposed for three prior convictions; and 3) defendant is entitled to credit for 466 days of presentence custody as his presentence custody credit was miscalculated.

Appellate Information

  • Decided 12/28/2009
  • Published 12/28/2009


  • RUBIN, Acting P.J.


  • California Court of Appeal


  • For Appellees:
  • Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and G. Tracey Letteau, Deputy Attorneys General, for Plaintiff and Respondent.
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