P. v. McBride CA3
Defendants Devon Jerome McBride and Marce Bushey assaulted the victim with firearms and took his car. A jury convicted both defendants of robbery and assault with a firearm and convicted defendant McBride of recklessly evading a peace officer. Sentenced to state prison, they appeal.
Both defendants contend: (1) the trial court erred by not staying the sentence for assault with a firearm under Penal Code section 654.
Defendant Bushey additionally contends: (2) the trial court erred by imposing consecutive terms for the crimes, and (3) a photograph lineup shown to the victim was unduly suggestive.
Defendant McBride additionally contends: (4) the evidence was insufficient to convict him of assault with a firearm, and (5) he is entitled to two additional days of presentence custody credit.
Of the contentions raised in the initial briefing, only the issue relating to custody credit has merit.
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