People v. Jimenez CA2/5

I. INTRODUCTION

A jury found defendant Jair Jimenez guilty of attempted murder (Pen. Code1, §§ 664, 187, subd. (a); count 3) and assault with a semiautomatic firearm (§ 245, subd. (b); count 4). It also found allegations that defendant personally used a firearm in the commission and attempted commission of the above offenses (§ 12022.5, subd. (a)) to be true. On appeal, defendant seeks to vacate his sentencing enhancement for count 3 on the grounds that the second amended information failed adequately to allege the personal use of a firearm enhancement for that count.2 Defendant also contends that the abstract of judgment does not accurately reflect that the trial court stayed imposition of the fines and fees. Finally, defendant contends he should be awarded two additional days of presentence custody credit. The Attorney General does not dispute defendant’s latter two arguments. We will order the abstract of judgment corrected to reflect the stay of fines and assessments and to add two days of presentence custody credit. As so modified, we affirm.

Further statutory references are to the Penal Code.

Defendant does not challenge his convictions for attempted murder…