P. v. Glass CA4/1
Defendant Calvin Glass, Jr. appeals from a judgment of conviction entered after he pled guilty to one count of voluntary manslaughter and one count of attempted murder. With respect to the voluntary manslaughter count, Glass also admitted that in committing the crime, he personally used a firearm.
On appeal, Glass challenges the sentence that the trial court imposed. Glass argues that the trial court improperly relied on the same aggravating factors to impose an upper term sentence with respect to the voluntary manslaughter count and an upper term sentence on the firearm enhancement associated with the voluntary manslaughter count. According to Glass, the trial court's use of these factors for selecting the upper term sentences on both the substantive offense and the enhancement violated the dual use prohibition. We disagree with Glass's contention, and therefore affirm the judgment of the trial court.
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