Oseguera

People v. Oseguera

Bad Law
1993 Cal. App. LEXIS 1178·20 Cal. App. 4th 290·24 Cal. Rptr. 2d 534·93 Daily Journal DAR 14834·1993 WL 485839
Court of Appeal of CaliforniaNovember 23, 1993A060986California1,309 words

Opinion

Opinion

Benson, J.

—Ramiro Moreno Oseguera (defendant) appeals from the judgment following remand for resentencing after we found in his favor in an earlier appeal. He contends the court erred by failing to direct preparation of a supplemental probation report, and that the court did not state adequate reasons for imposing a consecutive sentence. We affirm.

Facts and Procedural History

We adopt the statement of fact from our earlier opinion.

“Police saw defendant driving erratically, pulled him over, administered field sobriety tests, and arrested him for drunk driving. In his car they found a loaded short-barrel shotgun. The information charged (1) driving under the influence with three prior convictions and refusing to submit to a chemical test; (2) being a convicted felon in possession of a firearm; (3) possessing a short-barrel shotgun; (4) carrying a loaded firearm within a vehicle on a public street; and (5) driving with a suspended license, with three prior convictions of the same offense.

“Defendant waived a jury and the matter was tried to the court, which found him guilty on all counts. The court denied probation and sentenced him to the upper term of three years on the…

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