P v. Leahy
A jury convicted defendant Mitchell P. Leahy of first degree residential burglary of Ryan Y. (Pen. Code, § 459; count one), unlawfully taking a firearm worth more than $950 (§ 487, subd. (d)(2); count two), robbery of Vickie L. in the first degree (§ 211; count three), and first degree residential burglary of the occupied residence of Vickie L. (§ 459; count four). With respect to counts three and four, the jury found true defendant personally used a firearm. (§§ 12022.53, subd. (b), 12022.5, subd. (a).) With respect to count four, the jury also found true that another person, other than an accomplice, was present in the residence during the commission of the burglary. (§ 667.5, subd. (c)(21).)
On appeal, defendant contends the trial court erred in imposing the upper term on count three. In addition, defendant contends the trial court improperly stayed counts two and four without first imposing sentence and erroneously calculated his presentence credits, which the People
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