P. v. Wilson
On December 19, 2006, a jury convicted defendant Lilnifty General Wilson of possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1); count 1),[1]possession of a firearm by a misdemeanant ( 12021, subd. (c)(1); count 2), possession of ammunition by a felon ( 12316, subd. (b); count 3), carrying a loaded weapon as a convicted felon ( 12031, subd. (a)(1); count 5), and misdemeanor resisting arrest ( 148, subd. (a)(1); count 7). The prosecution dismissed two additional counts (counts 4 and 6). Defendant admitted the truth of a prior prison term allegation ( 667.5, subd. (b)). On February 14, 2007, the trial court sentenced defendant to three years in state prison, consisting of the two-year midterm for count 1, plus one year for the prior prison term enhancement. Defendant received concurrent two-year midterms for counts 2, 3, and 5. On appeal, defendant contends the trial court erred in denying his motion to suppress and that the concurrent sentences for counts 2 and 5 should have been stayed pursuant to section 654. Court agree that the sentences for counts 2 and 5 should have been stayed, but find no error in the denial of defendants motion to suppress. Court therefore affirm a modified judgment.
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