California Court of Appeal

In this case, defendant was convicted and sentenced for residential burglary, first degree robbery, assault with a firearm, and being a felon in possession of a firearm. The judgment is modified to reflect that the residential burglary sentence and the firearm enhancement imposed on that count are stayed under Penal Code section 654, and is affirmed as modified, where: 1) the burglary sentence should have been stayed under section 654's prohibition against multiple punishment for crimes arising out of a single act; and 2) because the sentence on the burglary count must be stayed, the firearm-use enhancement, as an attendant enhancement, must also be stayed.

Appellate Information

• Decided 03/13/2015
• Published 03/13/2015

Judges

• Aaron

Court

• California Court of Appeal

Counsel