P. v. Johnson
Filed 3/20/06 P. v. Johnson CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JEREMY C. JOHNSON, Defendant and Appellant. | E038002 (Super.Ct.No. SWF009135) OPINION |
APPEAL from the Superior Court of Riverside County. Rodney L. Walker, Judge. Affirmed with directions.
Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil Gonzalez and Scott C. Taylor, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
Introduction
Alleging sentencing error under Penal Code section 654,[1] appellant Jeremy Johnson (appellant) seeks modification of his sentence for one of three felony convictions. The People concede that appellant should not have received a separate sentence for his second conviction. We agree and will order the abstract of judgment modified.
Facts and Procedural History
On September 7, 2004, appellant's friends, Chris Shay and Sarah DiPrimio, gave him a ride from Moreno Valley to Lake Elsinore in DiPrimio's parents' car. When he left the car, appellant left a loaded gun, concealed in a sock, in the rear storage compartment, behind the passenger's seat. A short time later that day, police stopped the vehicle because its windshield was broken. In a lawful search, they found the weapon. Officers traced the gun to appellant and arrested him.
On March 9, 2005, a jury convicted appellant of three felony counts: possession of a loaded firearm in a vehicle or public place (§12031, subd. (a)(1), count 1); carrying a concealed firearm (§ 12025, subd. (a)(3), count 2); and receiving stolen property (§ 496, subd. (a), count 3).
On April 15, 2005, the trial court sentenced appellant to three consecutive terms in state prison: the midterm of two years for count 1, plus eight months each for count 2 and count 3, for a total of three years and four months. Defense counsel objected to the additional sentence for count 2, arguing that the court was imposing two separate sentences for a single act.
Analysis
Penal Code section 654 states, in pertinent part, â€
