P. v. Babers
Xavier Babers was convicted of multiple counts of second degree robbery and assault with a semiautomatic firearm, one count of false imprisonment by violence and one count of possession of a firearm by a felon, with firearm and prior conviction allegations found true. The trial court sentenced Babers to state prison for a term of 200 years plus life with the possibility of parole after 278 years. He appeals, claiming the evidence was insufficient to support some of his convictions for assault with a semiautomatic firearm, and the trial court improperly used an enhancement for a dual purpose in sentencing him, erred in admitting evidence an unidentified witness had recorded the license plate number of his getaway car and improperly allowed testimony relating to installation of a GPS tracking device on his car. Although we find the remainder of Baberss contentions to be meritless, as to two counts of assault with a semiautomatic firearm, we find the evidence insufficient to establish the firearm Babers used was semiautomatic. As to these two counts only, Baberss conviction for assault with a semiautomatic firearm is reduced to assault with a firearm, and the matter is remanded to the trial court for resentencing
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