Garnica

Defendant Jose Juan Garnica appeals his convictions of two counts of first degree murder (Pen. Code, § 187, subd. (a)), and one count of conspiracy to commit murder (Pen. Code, §§ 182, 187). The jury found true a multiple-murder special-circumstance allegation (Pen. Code, § 190.2, subd. (a)(3)) and, with respect to each of the murder counts, found true allegations that defendant had personally used a firearm in the commission of the murders (Pen. Code, § 12022.5). Defendant was sentenced to two concurrent life terms without possibility of parole (LWOP) for the murders. He received an additional concurrent term of 25 years to life for the conspiracy. The court added a five-year gun use enhancement under count 1, and a concurrent five-year gun use enhancement under count 2.

Defendant appeals, contending (1) the trial court improperly answered a jury inquiry, (2) the sentence for his conspiracy conviction should have been stayed, (3) one of the life terms for the murders should have been stayed under Penal Code section 654 because it constitutes double punishment for the same act, and (4) the court erred in imposing multiple gun use enhancements. We agree that the sentence…