Bernard
People v. Bernard
Opinion
Opinion
Miller, J.
Jemal Bernard was convicted of one count each of first degree murder (Pen. Code, § 187, subd. (a)), second degree robbery (§ 211), kidnapping (§ 207, subd. (a)), and fraudulent use of another’s credit card (§ 484f, subd. (2)). With respect to the murder, the special circumstance of felony murder during the commission of a robbery (§ 190.2, subd. (a)(17)) was found by the jury to be true. With respect to the murder, robbery, and kidnapping, the jury found Bernard used a firearm (within the meaning of § 12022.5, subd. (a)) and with respect to the robbery and kidnapping, caused great bodily injury (within the meaning of § 12022.7).
Bernard was sentenced to a total term of 33 years, 8 months to life in prison without the possibility of parole. The trial court imposed the upper term of five years as to the second degree robbery count, stayed the term pursuant to section 654, but imposed three years for the great bodily injury enhancement on that count without any stay under section 654. On appeal, Bernard asserts trial court error in denial of Wheeler motions, as well as instructional and sentencing error. We affirm the judgment but modify the sentence.