People v. Stuart CA3

BACKGROUND

A jury found Stuart guilty of second degree murder and possessing a firearm having been convicted of a felony. The jury also found true allegations that, in committing the murder, Stuart had used a firearm (Pen. Code, § 12022.5, subd. (a))1 and had personally and intentionally discharged a firearm and proximately caused great bodily injury or death (§ 12022.53, subd. (d)). The trial court then found true allegations that Stuart had previously been convicted of a serious felony. At sentencing, the trial court declined to strike Stuart’s prior serious felony conviction and declined to strike the section 12022.53, subdivision (d) firearm enhancement. Accordingly, the court sentenced Stuart to: 15 years to life in prison for murder, doubled due to the prior serious felony conviction; a consecutive term of 25 years to life in prison for the section 12022.53, subdivision (d) firearm enhancement; four years in prison for the section 12022.5 enhancement, with execution stayed; and eight months in prison for possessing a firearm having been convicted of a felony, doubled due to the prior serious felony conviction, for an aggregate sentence of 56 years four months to life in…