P. v. Batiste CA3
A jury found defendant Lawrence Batiste guilty of attempted murder, assault with a firearm, and being a felon in possession of a weapon. The jury found true several firearm and great bodily injury allegations, and also found true the allegation that the attempted murder was committed with premeditation and deliberation. The trial court sentenced defendant to an aggregate term of 57 years to life, with additional terms imposed and stayed for the assault and weapon possession convictions.
Defendant claims his sentence includes a life term enhancement for committing the offense with premeditation and deliberation. Based on that presumption, he argues his sentence is unauthorized because he was not provided sufficient notice of the allegation and counsel was ineffective for failing to object to the sentence enhancement.
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