People v. Dominguez CA5

INTRODUCTION

Defendant Joe Valdez Dominguez appeals from convictions for 26 counts, including two counts of attempted murder, discharge of a firearm at an inhabited dwelling, conspiracy, participation in a criminal street gang, receipt of stolen property, and narcotics offenses. Defendant contends the trial court erred in denying his motion to suppress wiretap evidence because of alleged deficiencies in the affidavits by law enforcement officers. He also contends the sentence imposed on the gang enhancement for count 8, conspiracy to commit assault with a firearm, was an unauthorized sentence because the underlying offense was not a serious felony within the meaning of Penal Code section 1192.7, subdivision (c).1 Defendant further argues, and the People concede, that concurrent sentences he received for convictions on eight counts must be stayed pursuant to section 654. We reject the first two contentions and agree with the parties that section 654 applies to concurrent sentences imposed on eight convictions.

PROCEDURAL BACKGROUND

On November 7, 2012, the trial court denied defendant’s motion to suppress the wiretap evidence. Defendant’s renewed suppression motion was denied on…