People v. Terrell CA2/5

Filed 1/8/15 P. v. Terrell CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B251601

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA379758) v.

KEISHON TERRELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Craig R. Richman, Judge. Affirmed as modified. Roberta Simon, under appointment of the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Chung Mar and Jessica C. Owen, Deputy Attorneys General for Plaintiff and Respondent. _______________

Appellant Keishon Terrell was convicted, following a jury trial, of one count of willful, deliberate and premeditated attempted murder in violation of Penal Code1 sections 664 and 187, subdivision (a). The jury found true the allegation that in the commission of the offense a principal personally used a handgun, personally and intentionally discharged a handgun, and personally and intentionally discharged a handgun causing great bodily injury within the meaning of section 12022.53, subdivisions (b) through (e)(1). The jury also found true the allegation that the offense was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). The trial court sentenced appellant to a term of 15 years to life in prison for the attempted murder pursuant to section 186.22, subdivision (b), plus a 25-year-to-life enhancement term pursuant to section 12022.53, subdivisions (d) and (e)(1). The court imposed but stayed, a 10-year gang enhancement term pursuant to section 654. The court awarded appellant a total of 1087 days of presentence custody credit. Appellant appeals from the judgment of conviction, contending the trial court erred in imposing a minimum term of 15 years for the life sentence for the attempted murder conviction. Appellant also contends he is entitled to two additional days of custody credit. Respondent agrees with both contentions, as do we. We modify appellant’s sentence and custody credits, as set forth in more detail in the disposition. The judgment is otherwise affirmed.