People v. Sanchez

Full title: THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER SANCHEZ, Defendant…

Court: COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: May 18, 2012

D059932 (Cal. Ct. App. May. 18, 2012)

Opinion

D059932

05-18-2012

THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER SANCHEZ, Defendant and Appellant.

HALLER

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. SCD219473)

APPEAL from a judgment of the Superior Court of San Diego County, Jeffrey F. Fraser, Judge. Affirmed as modified with directions.

A jury found Christopher Sanchez guilty of three counts: first degree murder (Pen. Code, § 187, subd. (a))¹ with personal and intentional discharge of a firearm, causing great bodily injury or death (§ 12022.53, subd. (d)), and personal firearm use (§ 12022.5, subd. (a)) (count 1); attempted murder (§§ 187, subd. (a), 664) with personal and intentional discharge of a firearm, causing great bodily injury or death (§ 12022.53, subd. (d)), personal firearm use (§ 12022.5, subd. (a)) and personal infliction of great bodily injury (§ 12022.7, subd. (a)) (count 2); and shooting at an occupied motor vehicle (§ 246) with personal and intentional discharge of a firearm, causing great bodily injury or death (§ 12022.53, subd. (d)), and personal infliction of great bodily injury (§ 12022.7, subd. (a)) (count 3). The court sentenced Sanchez to prison for 10 years plus 75 years to life: on count 1, 25 years to life, plus 25 years to life for the section 12022.53, subdivision (d) enhancement; and on count 2, the seven-year middle term plus 25 years to life for the section 12022.53, subdivision (d) enhancement and three years for the section 12022.7, subdivision (a) enhancement. The court stayed sentence on count 3 and its enhancements, and on the section 12022.5, subdivision (a) enhancements to counts 1 and 2.

1 All further statutory references are to the Penal Code.

Sanchez appeals, contending the three-year sentence for the section 12022.7, subdivision (a) enhancement to count 2 must be stayed in light of the section 12022.53, subdivision (d) enhancement imposed on count 2. Respondent properly concedes the point. (§ 12022.53, subd. (f); People v. Gonzalez (2008) 43 Cal.4th 1118, 1126-1127, 1129-1130.)

DISPOSITION

The judgment is modified by staying the section 12022.7, subdivision (a) enhancement to count 2. As so modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment and to forward it to the Department of Corrections and Rehabilitation.

HALLER, J. WE CONCUR: BENKE, Acting P. J. IRION, J.