PEOPLE v. AHMED
A jury found defendant not guilty of either attempted murder (Pen. Code, §§ 187, subd. (a), 664) or attempted voluntary manslaughter (Pen. Code, §§ 192, subd. (a), 664), but guilty of assault with a firearm (Pen. Code, § 245, subd. (a)(2)). An enhancement for the personal use of a firearm (Pen. Code, § 12022.5, subd. (a)) and an enhancement for the personal infliction of great bodily injury under circumstances involving domestic violence (Pen. Code, § 12022.7, subd. (e)) were both found true. Defendant admitted two 1-year prior prison term enhancements. The trial court sentenced defendant to a total of 13 years in prison.
We find no error affecting the conviction. However, we do agree with defendant that the imposition of separate and unstayed sentences on both the firearm use enhancement and the great bodily injury enhancement violated Penal Code section 654 (section 654). Hence, we will stay the firearm use enhancement.
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