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California Court of Appeal


People v. Duarte, G041195

In a prosecution of defendant for discharging a firearm with gross negligence, being a felon in possession of a firearm, and other related crimes, trial court's imposition of a sentence of 15-years imprisonment is affirmed with modification as the trial court should have stayed sentencing on the street terrorism count as section 654 bars punishment for the firearm offense and a separate punishment for the street terrorism substantive offense for the same conduct.

Appellate Information

  • Decided 11/17/2010
  • Published 11/17/2010

Judges

  • O‟LEARY

Court

  • California Court of Appeal

Counsel

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