P v. Bogus CA4/1

Filed 11/19/24 P v. Bogus CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082118

Plaintiff and Respondent,

v. (Super. Ct. No. SCE408655)

LORENZO BOGUS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed. Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Daniel Rogers and Elizabeth M. Kuchar, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION A jury found Lorenzo Bogus guilty of second-degree murder (Pen.

Code,1 § 187, subd. (a)), unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1)), and unlawful possession of ammunition by a prohibited person (§ 30305, subd. (a)(1)). The jury also found true all the alleged firearm enhancements for the murder charge, including that he personally used (§§ 12022.5, subd. (a) & 12022.53, subd. (b)), personally discharged (§ 12022.53, subd. (c)), and caused great bodily injury and death with a

firearm (§ 12022.53, subd. (d)).2 The trial court sentenced Bogus to 55 years to life in state prison. Bogus contends on appeal that the trial court erred when it imposed the firearm enhancement under section 12022.53(d), and stayed the lesser enhancements under subdivisions (b) and (c) of that section

and under section 12022.5(a).3 Specifically, he contends that the court should have stricken those lesser enhancements because the Supreme Court’s holding in People v. Gonzalez (2008) 43 Cal.4th 1118 (Gonzalez), which requires that lesser firearm enhancements be imposed and stayed rather than stricken, is no longer controlling in light of subsequent developments in the law. We conclude that we remain bound by Gonzalez and therefore affirm the judgment. Section 12022.5(a) provides for a sentence enhancement for personal use of a firearm in the attempted commission of any felony. Section 12022.53