P. v. Vaught
Appellant Thomas Vaught was convicted, following a jury trial of one count of second degree robbery in violation of Penal Code section 211, one count of possession of a firearm by a felon in violation of section 12021, subdivision (a)(1) and one count of second degree commercial burglary in violation of section 459. The jury found true the allegations that appellant personally used a firearm in the commission of the robbery within the meaning of section 12022.53, subdivision (b) and that a principal was armed in the commission of the burglary within the meaning of section 12022, subdivision (a)(1). The trial court found true the allegations that appellant had previously suffered a serious felony conviction within the meaning of section 667, subdivision (a), and three prior felony convictions within the meaning of sections 667, subdivisions (b) through (i) and 1170.12 ("the "three strikes" law) and had served two prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced appellant to a term of 25 years to life in state prison for the robbery conviction pursuant to the three strikes law, plus a consecutive 10 year term for the section 12022.53 firearm enhancement and a 5 year term for the section 667, subdivision (a) enhancement. The trial court sentenced the remaining two counts concurrently.
Appellant appeals from the judgment of conviction, contending that the trial court erred in failing to stay the sentence on the count 3 burglary conviction pursuant to section 654. Appellant also contends that the abstract of judgment should be corrected to reflect the correct statutory basis for the firearm enhancement to count 3. Respondent agrees with these contentions. Court order the count 3 sentence stayed and the abstract of judgment corrected to reflect that the one year enhancement for count 3 was imposed pursuant to section 12022, as set forth in more detail in our disposition. Court affirm the judgment of conviction in all other respects.
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