P. v. Phouamkha CA1/1
After defendant Saykham Phouamkha consented to a search of his van, the police found ammunition, which he was prohibited from possessing due to a prior felony conviction. He was arrested, and a search of his backpack, incident to his arrest, yielded a loaded firearm. Defendant was charged and convicted by jury of unlawfully possessing a gun and ammunition. The trial court then found two prior strike allegations true, and sentenced defendant to consecutive indeterminate 25-years-to-life sentences.
On appeal, defendant maintains (1) his consent to the search of the van was involuntary and therefore the gun and ammunition should have been suppressed, (2) a North Carolina second degree murder conviction did not qualify as a prior strike, and (3) the trial court erroneously believed it did not have discretion to impose concurrent, rather than consecutive, sentences.
We conclude remand is required for the trial court to exercise its discretion as to whether defendant’s sentences shall run
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