P. v. Gomez
Filed 9/13/06 P. v. Gomez CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. EUSEBIO SALCEDO GOMEZ, Defendant and Appellant. | B187966 (Los Angeles County Super. Ct. No. PA050808) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed.
Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels, Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant, Eusebio Salcedo Gomez appeals from a judgment after a jury convicted him of attempted willful, deliberate, and premeditated murder (Pen. Code,[1] §§ 664/187, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), and shooting at an occupied vehicle. (§ 246.) With respect to the attempted murder conviction, defendant was sentenced to life plus a consecutive term of 25 years to life for the 12022.53, subdivision (d) enhancement. The trial court imposed and stayed a three-year term for the section 12022.7, subdivision (a) great bodily injury enhancement pursuant to section 654, subdivision (a). Further, the section 12022.53, subdivision (c) enhancement was stayed. The trial court also imposed and stayed a 10-year term for the section 12022.53, subdivision (b) enhancement. The abstract of judgment erroneously states that this latter enhancement was imposed under section 12022.53, subdivision (f) rather than subdivision (b). The only special firearm use findings as to the attempted murder count were returned pursuant to section 12022.53, subdivisions (b), (c), and (d). The trial court orally imposed or stayed the sentences on the enhancements. The trial court never referred to section 12022.53, subdivision (f).
California Rules of Court, Rule 12(c)(1) provides in pertinent part, â€
