Atencio

People v. Atencio

Good Law
145 Cal. Rptr. 3d 902·2012 Cal. App. LEXIS 921·208 Cal. App. 4th 1239·2012 WL 3678613
Court of Appeal of CaliforniaAugust 28, 2012No. C063710California2,254 words

Opinion

Lead Opinion

Robie, J.

A jury found defendant Angelo Atencio, Jr., guilty of two felonies—grand of a and firearm possession by a felon. The trial court found defendant had a prior serious felony conviction and a prior strike *1241 and had served a prior prison sentence. The court sentenced defendant to an aggregate prison term of 12 years four months.

On appeal, defendant contends his sentence for the unlawful firearm possession conviction must be stayed pursuant to Penal Code 1 section 654 because his two offenses were incidental to only “one criminal intent and objective, namely to possess the [firearm].” In the alternative, he argues the trial court abused its discretion by imposing consecutive sentences after finding that his two offenses were predominantly independent of one another.

We conclude defendant is correct on his first point: his sentence for the unlawful firearm possession conviction must be stayed pursuant to section 654. Accordingly, we will modify defendant’s sentence and affirm the judgment as modified.

FACTUAL AND PROCEDURAL BACKGROUND

On May 6, 2009, Vanessa Trew went to the house of her mother, Debra Trew, to clean for money. 2 Defendant joined Vanessa at the house.…

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