Conviction of defendant for first degree murder and attempted premeditated murder is affirmed but the judgment is modified where: 1) substantial evidence supported the gun-use enhancements; 2) the trial court erred in imposing more than one 5 year enhancement pursuant to Pen. Code section 667(a)(1) as separate enhancements were improperly imposed for three prior convictions; and 3) defendant is entitled to credit for 466 days of presentence custody as his presentence custody credit was miscalculated.
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Appellate Information
Filed December 28, 2009
Judges
Opinion by Judge Rubin
CounselFor Appellant: Brett Harding Duxbury
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and G. Tracey Letteau, Deputy Attorneys General
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