P. v. Govea
A jury convicted Les Govea of first-degree murder (count 1), three counts of carjacking with personal firearm use (counts 2 to 4), and evading police while driving with willful disregard of others (count 5). (Pen. Code, 187, subd. (a), 189; 215, subd. (a), 12022.53, subd. (b); Veh. Code, 2800.2, subd. (a); all further section references are to the Penal Code.) The jury also found that the murder resulted from Goveas personal discharge of a firearm proximately causing death. (12022.53, subd. (d).) In a bifurcated trial after a jury waiver the court found that Govea had two serious and strike and one prison term prior felony convictions. ( 667, subds. (a) (i), 1170.12; 667.5, subd. (b).) The court imposed an aggregate sentence of 135 years-to-life, including, in addition to the base term for the murder, a consecutive 25 years to life term for intentionally discharging a firearm causing death.Govea appeals, contending that the court erred in (I) refusing his request to instruct the jury regarding heat-of-passion voluntary manslaughter ( 192, subd. (a)) as a lesser included crime of murder, and (II) imposing a consecutive 25 years to life term for intentionally discharging a firearm causing death ( 12022.53, subd. (d)) in addition to the base term for the murder in which the firearm was discharged. He argues that because he committed the murder by shooting the victim, such sentence violates section 654s prohibition on multiple punishment for the same act.
Court reject the contentions and affirm the judgment.
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