P. v. Paniagua-Herrera
Filed 6/6/06 P. v. Paniagua-Herrera 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. JUAN M. PANIAGUA-HERRERA, Defendant and Appellant. | B183673 (Los Angeles County Super. Ct. No. PA040317) |
Appeal from a judgment of the Superior Court of Los Angeles County, Robert J. Schuit, Judge. Affirmed with instructions.
Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Ana R. Duarte, Supervising Deputy Attorney General, Tasha G. Timbadia, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
The trial court found defendant and appellant Juan M. Paniagua-Herrera (defendant) guilty of one count of second degree murder under Penal Code[1] section 187 subdivision (a) at the conclusion of a court trial, but did not make a finding concerning the section 12022 subdivision (b) (1) weapon use enhancement allegation (enhancement allegation). At the sentencing hearing approximately one month later, the trial court sentenced the defendant to 15 years to life in the state prison, and acknowledged on the record that it had not made a finding on the enhancement allegation at the conclusion of trial. It decided â€
