P. v. Carrera
Defendant Carrera was charged with the attempted premeditated murder and assault with a semiautomatic firearm of Andy A. (counts 1 and 6), Hugo Rodriguez (counts 2 and 7), Jose Ojeda (counts 3 and 8), and Danny H. (counts 4 and 9), and personally discharging a firearm at an occupied motor vehicle (count 5).[1] (Pen. Code, 664, 187, subd. (a); 245, subd. (b); 246.) It was alleged Carrera personally used a firearm ( 12022.5, subd. (a)) during the commission of counts 1 through 4 and 6 through 9, and personally and intentionally discharged a firearm ( 12022.53, subd. (c)) during the commission of counts 1 through 4.
Carreras claims are meritless and we affirm the judgment. This case is remanded to the superior court solely for correction of the abstract of judgment. Due to clerical error, the abstract of judgment omits the courts sentence on count 8. The clerk of the superior court is directed to correct the abstract of judgment to include the courts imposition of a three year term for assault with a firearm, plus four years for personal use of a firearm on count 8, execution of sentence to be stayed pursuant to section 654 pending completion of service on all other counts.
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