People v. Singh CA5

Filed 7/16/14 P. v. Singh CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F066429

v. (Super. Ct. No. F11904680)

BALRAJ SINGH, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. William Kent Hamlin, Judge. Tutti Hacking, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Leanne Le Mon, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Poochigian, J., and Franson, J.

INTRODUCTION At the conclusion of a jury trial on November 16, 2012, appellant was found guilty of felony allegations that he possessed a controlled substance while armed with a loaded, operable firearm (Health & Saf. Code, § 11370.1, subd. (a), count 1) and possessed a concealed firearm that was loaded (Pen. Code, § 12025, subd. (b)(6), count 2).1 On December 17, 2012, appellant was sentenced to a prison term of two years on count one and to a concurrent term of one year four months on count two. The court awarded 738 days of custody credits. An amended abstract of judgment was filed on June 25, 2013, showing that appellant had 990 days of custody credits. Appellant contends the trial court violated the proscription in section 654 against multiple punishment for a single criminal act that violates more than one statute when the court sentenced him on both counts. We agree with appellant and will reverse the trial court’s imposition of a concurrent sentence on count 2. FACTS At 7:15 p.m. on August 11, 2011, Fresno Police Officers Angel DeLa Fuente and Richard Badilla were in a marked patrol car at Parkway and White near multiple hotels in Fresno, including the Travel Inn in the general area of Belmont and Highway 99. As the officers drove into the north gate of the Travel Inn, they saw a male sitting in the driver’s seat of a silver vehicle. The door of the car was open and the hood was up. Appellant was standing looking under the hood. The officers parked one parking stall away from the silver car. DeLa Fuente approached appellant and asked him if he had a room at the hotel. Appellant replied he