In re D.L. CA2/6

Facts Underlying Counts 2 and 3 G.T. was working at a smoke shop. Appellant and another male entered the store. Appellant “ran fast” toward G.T. Appellant “was holding [a] firearm with his right hand brandishing the weapon.” He pointed the gun at G.T.’s chest and said, “‘Open the register. Give me the money.’” Appellant fired the gun. The bullet missed G.T. by about two inches. G.T. opened the cash register, and appellant’s accomplice began taking money from the register. The accomplice told appellant not to fire the gun again because G.T. had opened the register. But appellant “tried to shoot [G.T.] one more time.” He

2 “pull[ed] the slide back on the gun,” and a bullet was “ejected from the firearm.” “[H]e reloaded the gun,” pointed it at G.T.’s chest, and pulled the trigger again. G.T. saw “the gunman’s finger pushing down on the trigger.” But the gun “was jammed” and would not fire. G.T. heard a “clicking noise” coming from the firearm. After taking about $2,000 from the register, appellant and his accomplice left the store. Section 654 Does Not Bar Punishment for Both the Attempted Murder and the Robbery of G.T. “Section 654 prohibits multiple punishment for a single act…