Sentencing challenge for firearm and street terrorism convictions

People v. Duarte, G041195, concerned a challenge to the trial court’s imposition of a sentence of 15-years imprisonment, in a prosecution of defendant for discharging a firearm with gross negligence, being a felon in possession of a firearm, and other related crimes.  The court affirmed the sentence with modification in concluding that the trial court should have stayed sentencing on the street terrorism count as section 654 bars punishment for the firearm offense and a separate punishment for the street terrorism substantive offense for the same conduct.

Related Link:

  • Read the Full Decision in People v. Duarte, G041195

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