P. v. Brookfield
After jury trial, appellant was convicted of discharging a firearm at an inhabited dwelling and conspiracy to commit this offense; gang and firearm use enhancements were found true. Appellant was sentenced to an aggregate term of 25 years to life imprisonment.
Appellant raises the following claims: (1) Wheeler error; (2) improper refusal to suppress evidence of a photographic lineup; (3) insufficiency of the evidence supporting the gang enhancement; and (4) unauthorized sentence imposed on count 1. Respondent also argues the sentence imposed on count 1 is unauthorized, but on a different basis. It is respondent’s position that the firearm enhancement must be stricken. Although none of appellant’s arguments are persuasive, court agreed with respondent that the firearm enhancement was unauthorized. Court modified the judgment and affirmed.
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