Sencion
People v. Sencion
Opinion
Lead Opinion
Turner, J.
*482 Opinion
I. INTRODUCTION
A jury convicted Santiago Gerardo Sencion, Jr., of second degree murder (Pen. Code, 1 § 187, subd. (a)) (count 1); two counts of assault with a semiautomatic firearm (§ 245, subd. (b)) (counts 2 and 4); and discharge of a firearm with gross negligence (§ 246.3, subd. (a)) (count 3). The jury further found defendant personally discharged a firearm in the commission of the murder. (Former § 12022.53, subd. (d).) And the jury found defendant used a firearm in the commission of the two firearm assaults. (Former § 12022.5, subds. (a) & (d).) Defendant was sentenced to 40 years to life in state prison. We modify the judgment and affirm. We hold the trial court was required to impose a court facilities assessment (Gov. Code, § 70373, subd. (a)(1)) as to each count including those stayed under section 654, subdivision (a).
II. DISCUSSION
A. Presentence Custody Credit
The trial court failed to award defendant presentence custody credit. Defendant was in presentence custody from February 23, 2008, to October 25, 2011. Defendant contends, the Attorney General concedes, and we agree he was entitled to 1,341 days of presentence custody credit. (People v.…