People v. Ibanez CA4/1

INTRODUCTION

In July 2022, a jury convicted Eli Ibanez Jr. of three felony offenses:

injuring a spouse or cohabitant (Pen. Code,1 § 273.5, subd. (a); count 5), possession of a firearm by a felon (§ 29800, subd. (a)(2); count 6), and unlawful possession of ammunition (§ 30305, subd. (a)(1); count 7). At sentencing, the trial court relied on several aggravating factors to impose the upper term of four years on count 5, and the middle term of eight months, consecutive, on counts 6 and 7. Due to a prior strike conviction, the court doubled Ibanez’s sentence (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), resulting in a 10 year, eight month prison term. On appeal, Ibanez argues the trial court abused its discretion by imposing the upper term on count 5, rather than the lower term, due to his youth when he committed the crimes and an adverse childhood. He additionally contends the court erred by imposing separate punishment on counts 6 and 7 because both offenses stemmed from the single act of possessing a loaded firearm. (§ 654, subd. (a).) The Attorney General concedes section 654 required the court to stay the sentence on either count 6 or 7, but argues the court under the…