People v. Lee CA3

California Court of Appeal Jun 29, 2015 No. C076367Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the trial court properly sentenced the defendant and that Penal Code section 654 did not bar multiple punishments for the possession of firearms and ammunition, as the defendant possessed a cache of weapons and a separate cache of ammunition.

Issues

Whether Penal Code section 654 bars multiple punishments for the possession of firearms and ammunition when the ammunition was not all loaded into the firearms.
Whether the subsequent sentencing court had the authority to modify the prior court's discretionary decision to impose consecutive sentences.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Section 654 bars multiple punishments for separate offenses arising out of a single occurrence where all of the offenses were incident to one objective.”

“Lopez, supra, 119 Cal.App.4th 132 is distinguishable. Lopez found that section 654 applied where all the ammunition found was loaded into the firearm.”

“Section 654 does not preclude multiple punishment here.”

Filed 6/29/15 P. v. Lee CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C076367

Plaintiff and Respondent, (Super. Ct. Nos. 12F02806, 13F03608) v.

KENNY DEAN LEE,

Defendant and Appellant.

On August 30, 2012, in case No. 12F02806, defendant Kenny Dean Lee entered no contest pleas to possession of methamphetamine for sale (count one), possession of marijuana for sale (count two), felon in possession of a firearm, to wit, a .38-caliber handgun, a nine-millimeter handgun, and a .22-caliber handgun (Pen. Code, § 29800, subd. (a)(1); count three),1 and felon in possession of ammunition, to wit, .22 caliber, .30 caliber, .357 caliber, and nine millimeter (§ 30305, subd. (a)(1); count four). That same

1 Undesignated statutory references are to the Penal Code.

day, the trial court imposed an aggregate term of three years four months, that is, the low term of 16 months on count one and a consecutive one-third the midterm or eight months on counts two, three, and four, each. The court suspended execution of sentence and granted probation.

Defendant did not appeal.

On March 5, 2014, in case No. 13F03608, a jury convicted defendant of possession of methamphetamine for sale. (Health & Saf. Code, § 11378.) In bifurcated proceedings, defendant admitted a prior drug conviction. (Health & Saf. Code, § 11370.2, subd. (c).) The court found defendant in violation of probation in case No. 12F02806.

On April 4, 2014, the court sentenced defendant to state prison for an aggregate term of eight years eight months: case No. 13F03608, the upper term of three years plus three years for the prior drug conviction; case No. 12F02806, the court modified the sentence previously imposed and imposed a consecutive one-third the midterm or eight months on each count (counts one through four).

People v. Lee CA3

AI Brief

THE PEOPLE, C076367

KENNY DEAN LEE,

More from California Court of Appeal

Related research

DISPOSITION

BUTZ , J.

HOCH , J.

AI Brief