P. v. Cleveland CA1/2
A jury found defendant Darren Cleveland guilty of attempted premeditated murder, shooting from a vehicle, assault with a deadly weapon, and possession of a firearm by a felon.
Cleveland contends he was denied effective assistance of counsel when his trial counsel did not move to exclude evidence that the victim identified him as the shooter from a photographic lineup. In addition, he claims a term of his sentence should have been stayed under Penal Code section 654, he identifies errors in the abstract of judgment and sentencing minute order, and he requests remand for resentencing in light of recent changes in the law on firearm enhancements.
We order corrections to the abstract of judgment and the sentencing minute order and remand for resentencing. We otherwise affirm the judgment.
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