Opinion
B201698 x-ref. B183252
8-29-2008
THE PEOPLE, Plaintiff and Respondent, v. GERMAN Y. COREAS, Defendant and Appellant.
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.
Not to be Published
A jury convicted German Y. Coreas of two counts of murder and two counts of attempted premeditated murder. In Coreass previous appeal (People v. Torres (Jan. 31, 2007, B183252) [nonpub. opn.]), we reversed his conviction on one of the attempted murder counts, vacated his sentence on the other three counts, and remanded the case for retrial of the attempted murder count and resentencing. When the case returned to the trial court the People stated they could not proceed on the attempted murder count and the court dismissed it. The court proceeded to resentence Coreas on the three remaining counts.
As relevant to the present appeal, the court imposed two consecutive terms of 25 years to life as gun use enhancements under Penal Code section 12022.53, subdivision (d). It imposed and stayed lesser gun use enhancements as to each count under Penal Code section 12022.53, subdivisions (b) and (c). Coreas filed a timely appeal from the sentence contending that the lesser gun use enhancements under section 12022.53, subdivisions (b) and (c) should have been stricken, not stayed.
While this appeal was pending, our Supreme Court resolved the stricken versus stayed issue against Coreass position. The court held that section 12022.53 "requires that, after a trial court imposes punishment for the section 12022.53 firearm enhancement with the longest term of imprisonment, the remaining section 12022.53 firearm enhancements . . . that were found true for the same crime must be imposed and then stayed." (People v. Gonzalez (2008), 43 Cal.4th 1118, 1130.)
DISPOSITION
The judgment is affirmed.
We concur:
MALLANO, P. J.
NEIDORF, J. --------------- Notes: Retired Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.