P. v. Gascon CA2/3
Because Skiler Eli Gascon (Gascon) raises only a discrete sentencing issue on appeal, the facts underlying his crimes are not relevant. The relevant facts are that in January 2008, an information alleged against Gascon four counts of robbery (Pen. Code, § 211) and personal use of a firearm (§ 12022.53, subd. (b)) as to all counts. On September 15, 2008, the trial court sentenced him to the midterm of three years on count 1 plus 10 years for the weapon enhancement. As to counts 2, 3, and 4, the court sentenced him to one year (one-third the midterm of three years) plus three years four months (one-third of 10 years) on the weapon enhancements on each of those counts consecutively. Although the total sentence therefore was 26 years (3 + 10 + 13), the court misstated that the “[t]otal is 23 years.” The abstract of judgment also showed the total sentence to be 23 years, and it indicated the court had imposed two years four months on the weapon enhancements as to counts 2, 3, a
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