P. v. Murray CA6
Defendant Rickey Paul Murray appeals after a jury convicted him of 12 offenses involving weapons possession, narcotics possession, and shooting a firearm. The jury also found true several firearm allegations. The trial court sentenced defendant to an aggregate prison term of 15 years 8 months. The aggregate sentence included a consecutive term for one of the firearm use allegations and consecutive terms for three counts of possession for sale of different narcotics.
On appeal, defendant contends: (1) Penal Code section 654 required the trial court to stay two of the three terms imposed for possession for sale of narcotics; (2) three of his shooting-related convictions must be reversed because there was no substantial evidence to warrant a jury instruction on mutual combat; (3) a remand for resentencing is required so the trial court can exercise its discretion to strike the firearm use enhancement; and (4) the abstract of judgment reflects the incorrect number of custody credit
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