P. v. Bynum CA4/3
Defendant Abdul Rashad (“Donovan”) Bynum shot a gun through a closed door into a bedroom. Five people were inside the room; one of them was injured. Defendant made statements to the police after his arrest and during a booking process in an unrelated case.
A jury found defendant guilty of crimes including four counts of assault with a semiautomatic firearm and one count of child abuse likely to cause great bodily injury. The jury also found true several sentencing enhancements, including five allegations that defendant personally used a firearm. (Pen. Code, § 12022.5, subd. (a).) The trial court imposed a 42-year sentence. At the time of sentencing, the court did not have the discretion to strike a section 12022.5, subdivision (a) firearm allegation.
We find no reversible errors concerning defendant’s Miranda rights. We affirm his convictions. However, we reverse defendant’s sentence.
Comments on P. v. Bynum CA4/3