Peel
People v. Peel
Opinion
Opinion
Brown, J.
Defendant, Donald E. Peel, was charged with attempted murder (Pen. Code, §§ 664, 187), possession or explosion of a destructive device (§ 12303.3), assault with a deadly weapon (§ 245, subd. (a)(1)), and possession of materials with the intent to make a destructive device (§ 12312). It was also alleged he personally used a firearm in the commission of the offenses charged in counts 2 and 3. Pursuant to a negotiated plea, he pled guilty to counts 2, 3, and 4; count 1 and the use allegation were dismissed.
The court sentenced defendant to the middle term of five years on count 2; it stayed a middle term of three years on count 3 (§ 654); and it imposed a middle term of three years on count 4 to run concurrently.
On appeal, defendant asserts several sentencing errors. He contends the trial court erred by failing to (1) state its reasons for imposing the middle terms; (2) consider his alcohol and drug abuse as mitigating factors; (3) recommend he participate in a substance abuse counseling or education program while imprisoned; and (4) consider or recommend referral to the California Rehabilitation Center (CRC).