P. v. Broadnax
Filed 9/4/13 P.
v. Broadnax CA1/1
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opinion has not been certified for publication or ordered published for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.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST
APPELLATE DISTRICT
DIVISION
ONE
THE PEOPLE,
Plaintiff and Respondent,
v.
COTTRELL L.
BROADNAX, JR.,
Defendant and Appellant.
A135882
(Alameda County
Super. Ct. No. C165993)
Defendant
Cottrell Broadnax, Jr., was convicted of false
imprisonment, assault with a firearm, possession of a firearm by a felon,
possession of a loaded firearm in a public place, and possession of base
cocaine. The jury also found
defendant had 14 prior convictions, including eight serious felony convictions. The trial court sentenced him to a total of
205 years to life. Defendant contends
the trial court made several sentencing errors—(1) that it wrongly imposed
five-year enhancements under Penal Code section 667, subdivision (a)
felony convictions on counts as to which no enhancement could be made; (2) that
it wrongly found defendant had suffered eight separate prior serious felony
convictions under section 667, subdivision (a), when seven of the convictions
occurred at a single jury trial; and (3) that it erroneously failed to stay the
sentences for false imprisonment and one count of the firearm possession
charges under section 654.
The
Attorney General agrees defendant’s claims of sentencing error are meritorious,
and we reach the same conclusion.
Defendant’s
sentence is modified as follows: All
felony enhancements imposed on counts 3, 4 and 5 pursuant to section 667,
subdivision (a), are dismissed. In
addition, six of the eight serious felony enhancements imposed on counts 1 and
2 are dismissed. As modified,
defendant’s sentence consists on count 2
of a term of 25 years to life, plus 10 years for the gun use enhancement and an
additional 10 years for the section 667, subdivision (a), enhancements;
term; on counts 3 and 5, consecutive
terms of 25 years to life; and on count 4,
a concurrent term of 25 years to life.
The sentences on counts 1 and 4, involving the same conduct as counts 2
and 3, respectively, are stayed under section 654. The trial court is directed to prepare an
amended abstract of judgment reflecting defendant’s sentence as so modified and
forward a certified copy to the Department
of Corrections.
_________________________
Banke,
J.
We concur:
_________________________
Dondero, Acting P. J.
_________________________
Sepulveda, J.
A135882, People v. Broadnax
Penal Code.
Retired Associate Justice of the Court of Appeal, First Appellate
District, Division Four, assigned by the Chief Justice pursuant to article VI,
section 6 of the California Constitution.
