P. v. Neel
A jury found Jason Robert Neel[1](appellant) not guilty of first degree murder, but guilty of the lesser offense of second degree murder (Pen. Code, 187, subd. (a))[2]in count 1. It found true two special allegations appended to that count: that appellant used a firearm ( 12022.5, subd. (a)) and that he discharged a firearm that caused bodily injury or death in the commission of the offense ( 12022.53, subd. (d)). The jury also found appellant guilty of possession for sale of methamphetamine (Health & Saf. Code, 11378) in count 2. Appellant pleaded no contest to being a felon in possession of a firearm ( 12021, subd. (a)) in count 3. He admitted that he had suffered a prior prison term within the meaning of section 667.5, subdivision (b) charged as an enhancement attached to each count.
Appellant claims various sentencing errors. Court agree with appellant that the section 12022.5, subdivision (a) gun use enhancement must be stricken. Court conclude that the section 667.5, subdivision (b) enhancement attached to count 2 must be stricken. Court agree with both parties that the abstracts of judgment must be corrected in various ways. In all other respects, the judgment is affirmed.
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