P. v. Ciggs CA4/2
This is the third appeal brought by defendant Billy Wayne Ciggs, Jr., following his convictions for one count of shooting at an occupied motor vehicle and four counts of assault with a firearm. In the first appeal, we affirmed the judgment in its entirely. (People v. Ciggs (July 12, 2005, E036083) [nonpub. opn.] (Ciggs I).)
A federal court subsequently granted defendant’s petition for writ of habeas corpus and directed the trial court to resentence defendant on count 2. Defendant appealed from his new sentence and, in the second appeal, this court reversed the judgment in part because the sentences on counts 2 through 5 each incorrectly included an enhancement for the personal use of a firearm during the commission of a felony (Pen. Code, former § 12022.5, subd. (a)(1)) and an enhancement for the use of a firearm during the commission of a violent felony (Pen. Code, § 188.66, subd. (b)(1)(C)). (People v. Ciggs (Feb. 21, 2017, E064606) [nonpub. opn.] (Ciggs II).)
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