P. v. Burks
Appellant pled no contest to carjacking (Pen. Code, 215, subd. (a); count 1), assault with deadly weapon by means or force likely to produce great bodily injury ( 245, subd. (a)(1); count 2), driving in willful or wanton disregard for safety of persons or property while fleeing from pursuing police officer (Veh. Code, 2800.2; count 3), theft and unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a); count 4) and elder abuse ( 368, subd. (b)(1); count 5). He admitted special allegations of the following: in committing the count 1, 2 and 5 offenses he personally inflicted great bodily injury ( 12022.7, subd. (a)); he suffered two prior felony convictions, each of which qualified as a strike and as a prior serious felony conviction ( 667, subd. (a)); and he served a prison term for a prior felony conviction ( 667.5, subd. (b)). The court imposed a prison term of 64 years to life, with the determinate portion of the term consisting of the following: consecutive 25-year terms on each of counts 1 and 3; three years on one of the great bodily injury (GBI) enhancements; five years on each of the prior serious felony enhancements; and one year on the prior prison term enhancement. The court also imposed concurrent 25 years to life terms on each of counts 2 and 5, and imposed and, pursuant to section 654, stayed execution of a term of 25 years to life on count 4. On appeal, appellant contends (1) the court erred in failing to stay, pursuant to section 654, execution of sentence on counts 2 and 5; and (2) the abstract of judgment erroneously indicates the court imposed three GBI enhancements of one year each rather than one three year GBI enhancement. The People concede each of these points. Court modify the judgment to provide that execution of sentence on the count 2 and 5 substantive offenses and accompanying enhancements be stayed; direct the preparation of an amended abstract of judgment; and in all other respects affirm.
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