P. v. Beverly CA3
A jury convicted defendant Palmer Beverly of being a convicted felon in possession of ammunition (Pen. Code, § 30305, subd. (a)(1); count six), two counts of being a convicted felon in possession of a firearm (§ 29800, subd. (a)(1); counts four & five), and three counts of first degree burglary (§ 459; counts one, two, & three). Defendant admitted two prior felony convictions (§ 667, subd. (a)), two strike priors (§§ 667, subds. (b)-(i), 1170.12), and one prior prison term (§ 667.5, subd. (b)).
At sentencing, the prosecutor dismissed one of the strike priors. The court imposed an aggregate term of 24 years 8 months.
Defendant appeals. He contends (1) his federal constitutional rights were violated when the prosecutor refused to allow him to accept the plea offer of 12 years because it was a package deal which codefendant Fulbright refused and (2) his sentence for possession of ammunition should have been stayed (§ 654) because he harbored only one intent in possessing
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