P. v. Cervantes
Antonio Romero Cervantes (appellant) was convicted by a jury of first degree murder, attempted murder, and assault with a firearm with findings that he personally used a firearm in the commission of all three offenses. (Pen. Code, 187, subd. (a), 664/187, subd. (a), 245, subd. (a)(2), 12022.5, subd. (a).)[1] He was sentenced to 27 years to life and a consecutive determinate term of three years. He further was ordered by the court not to own, use, threaten to use, possess, buy, or sell any deadly or dangerous weapon. The trial court also imposed and stayed a parole revocation fine of $200. He appeals, contending that the court erred by: 1) refusing to strike the entire jury panel when it discovered misconduct by one juror; 2) imposing the prohibition of owning or possessing deadly or dangerous weapons; and 3) imposing the parole revocation fine. We find his first contention to be without merit, but agree with the remainder of his contentions. Court modify the judgment and affirm.
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