People v. Evans CA2/7

Filed 10/7/14 P. v. Evans CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B248704

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA395994) v.

KENNETH RAYMOND EVANS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed. Jonathan P. Milberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Noah P. Hill and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

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Kenneth Raymond Evans was convicted by a jury of possession of a firearm by a felon and possession of marijuana for sale. The jury also found true the special allegation he had committed the offenses for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1)(A).1 The trial court sentenced Evans to an aggregate term of six years eight months in county jail. On appeal, Evans contends the court should have stayed the sentence for possession of a firearm by a felon pursuant to section 654. We affirm.

PROCEDURAL BACKGROUND 1. The Information Evans was charged in an information with two counts of attempted willful, deliberate and premeditated murder (§§ 187, subd. (a), 664), two counts of assault with a semiautomatic firearm (§ 245, subd. (b)), one count of possession of a firearm by a felon (former § 12021, subd. (a)(1))2 and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). The information specially alleged great bodily injury and firearm-use enhancements as to the attempted murder and aggravated assault counts (§§ 12022.5, 12022.7, subd. (a), 12022.53, subds. (b), (c) & (d)), and criminal street gang enhancements as to all counts (§ 186.22, subd. (b)(1)(A) and (C)). Evans pleaded not guilty and denied the special allegations.