People v. Singh CA5

INTRODUCTION

At the conclusion of a jury trial on November 16, 2012, appellant was found guilty of felony allegations that he possessed a controlled substance while armed with a loaded, operable firearm (Health & Saf. Code, § 11370.1, subd. (a), count 1) and possessed a concealed firearm that was loaded (Pen. Code, § 12025, subd. (b)(6), count 2).1 On December 17, 2012, appellant was sentenced to a prison term of two years on count one and to a concurrent term of one year four months on count two. The court awarded 738 days of custody credits. An amended abstract of judgment was filed on June 25, 2013, showing that appellant had 990 days of custody credits. Appellant contends the trial court violated the proscription in section 654 against multiple punishment for a single criminal act that violates more than one statute when the court sentenced him on both counts. We agree with appellant and will reverse the trial court’s imposition of a concurrent sentence on count 2.

FACTS

At 7:15 p.m. on August 11, 2011, Fresno Police Officers Angel DeLa Fuente and Richard Badilla were in a marked patrol car at Parkway and White near multiple hotels in Fresno, including the Travel Inn in the…