legal news


Register | Forgot Password

P. v. Botello CA6
Defendant Sebastian Anguiano Botello pleaded no contest to first degree burglary (Pen. Code, § 459; count 1) and discharge of a firearm with gross negligence (§ 246.3, subd. (a); count 2), along with three other charges. Counts 1 and 2 each contained a special allegation that Botello committed the offense while armed with a firearm, in violation of section 12022, subdivision (a)(1). The trial court sentenced Botello to the low term of two years on count 1, and to concurrent mid-term sentences for the remaining counts. The court stayed punishment on the firearm enhancement allegations on counts 1 and 2.
Botello makes two arguments on appeal. He contends that the abstract of judgment should be corrected to reflect that the trial court stayed punishment on the firearm enhancement as to count 1, and that the firearm enhancement for count 2 should be stricken. The Attorney General concedes both arguments.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale