People v. Valencia CA6
Opinion
Opinion
I. INTRODUCTION
Defendant Gilberto Torrez Valencia was convicted after jury trial of first degree burglary (Pen. Code, §§ 459, 460, subd. (a)),1 attempting to dissuade a victim from reporting a crime (§ 136.1, subd. (b)(1)), carrying a loaded firearm in public (§ 25850, subd. (a)), misdemeanor sexual battery (§§ 242, 243.4, subd. (e)(1)), two counts of misdemeanor prowling (§ 647, subd. (h)), and two counts of misdemeanor aggravated trespassing (§ 602.5, subd. (b)). The jury also found true the allegations that, during the commission of the burglary, a person not an accomplice was present in the residence (§ 667.5, subd. (c)(21)) and defendant was armed with a firearm (§ 12022, subd. (a)(1)). The trial court sentenced defendant to seven years eight months in prison, which included a consecutive sentence of eight months on the conviction for carrying a loaded firearm.
1 All further statutory references are to the Penal Code unless otherwise indicated. On appeal, defendant contends that the trial court should have stayed the sentence for carrying a loaded firearm pursuant to section 654. We agree, and we will order the judgment modified.