P. v. Emmert
This case is before us upon transfer from the California Supreme Court with directions to vacate our decision and reconsider it in light of People v. Black (2007) 41 Cal.4th 799 (Black II) and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval). In accordance with the direction of the Supreme Court, we have vacated and reconsidered our earlier decision, but we reach the same conclusions as before. As a consequence, the disposition on appeal remains unchanged.
Defendant Booker Ted Emmert appeals from judgment entered following jury convictions for attempted voluntary manslaughter (Pen. Code, 664, 192 subd. (a)), as a lesser offense to attempted murder, charged in count 1; shooting at an inhabited dwelling ( 246; count 2); and assault with a firearm ( 245, subd. (a)(2); count 3). As to all three counts, the jury also found true the personal gun use enhancement ( 12022.5, subd. (a)). The trial court sentenced defendant to a state prison term of 13 years.
Court affirm the judgment of conviction but reverse the sentence as to the gun-use enhancement appended to count 1, and remand this case to the superior court for resentencing, consistent with the requirements of Cunningham.
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