P. v. Messer CA3
During a bout of road rage, defendant Jesse Dean Messer fired multiple rounds from a semiautomatic handgun into an occupied vehicle. (People v. Messer (Oct. 9, 2020, C086503) [nonpub. opn.].) A jury found defendant guilty of two counts of assault with a semiautomatic firearm, two counts of shooting at an occupied vehicle, and two counts of possession of a firearm by a convicted felon. (Ibid.) Following defendant’s initial appeal, we remanded the matter for resentencing under newly enacted legislation applicable to him but affirmed in all other respects. (Ibid.) On appeal after remand, defendant argues: (1) the case must be remanded to the trial court for resentencing under amended Penal Code section 654; (2) the order to pay the cost of preparing the probation report must be stricken as it is no longer authorized; and (3) the abstract of judgment must be amended to reflect the correct date of sentencing and number of custody credits following defendant’s sentencing.
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