P. v. Taylor CA4/2
Pursuant to a plea agreement, defendant and appellant, Matthew Scott Taylor, pled guilty to attempted murder (count 1; Pen. Code, §§ 664, 187, subd. (a)) and discharging a firearm at an occupied vehicle (count 2; § 246). Defendant additionally admitted allegations that he personally discharged a firearm inflicting great bodily injury upon the victim in his commission of the count 1 offense (§ 12022.7, subd. (b)), personally inflicted great bodily injury in his commission of the count 1 offense (§ 12022.7, subd. (a)), and personally used a firearm (§ 1192.7, subd. (c)(8)) in his commission of the count 2 offense. In accordance with the plea agreement, the court sentenced defendant to 20 years of imprisonment.
On appeal, defendant contends the court erred in imposing a concurrent term on count 2 in contravention of the proscriptions of section 654. The People concede the error. The judgment is modified to stay imposition of sentence on count 2.
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