People v. Lyons CA5

California Court of Appeal Dec 14, 2015 No. F070167Unpublished

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Holding. The court held that the trial court correctly applied Penal Code section 654 to select the count with the longest potential term of imprisonment as the principal term following a successful appeal that vacated prior enhancements.

Issues

Whether the trial court erred in selecting the aggravated mayhem count as the principal term upon resentencing.
Whether the imposition of a life sentence on the aggravated mayhem count violated double jeopardy principles.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Since the sentence imposed after the appeal is shorter than the sentence originally imposed, double jeopardy principals are not implicated.”

Filed 12/14/15 P. v. Lyons 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070167 Plaintiff and Respondent, (Super. Ct. No. BF136638A) v.

ADRIAN LYONS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge. Michael McPartland, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Smith, J.

Adrian Lyons was convicted of various crimes after he and an accomplice attempted to rob a taxi cab driver. The victim was shot twice by the accomplice. In Lyons’s first appeal, we vacated several gang related enhancements and remanded the matter to the trial court for resentencing. (People v. Lyons (Mar. 19, 2014, mod. Apr. 1, 2014, F064902) [nonpub. opn.].) This appeal is from the sentence imposed after the matter was remanded to the trial court. Appellate counsel could not identify any arguable issues on appeal. After reviewing the proceedings, we agree no error occurred and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Lyons and codefendant Jeffrey Allen Rector were convicted of various crimes related to an attempted robbery of a taxi cab driver. The jury found Lyons guilty of (1) attempted second degree murder (Pen. Code, §§ 664, 187),1 (2) aggravated mayhem (§ 205), (3) attempted second degree robbery (§§ 664, 211), and (4) participation in a criminal street gang (§ 186.22, subd. (a)). The jury also found true allegations that (1) the crimes were committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1), and (2) Lyons was a principal in the offense and at least one principal intentionally discharged a firearm proximately causing great bodily injury within the meaning of section 12022.53, subdivisions (d) and (e)(1). In a bifurcated trial, the trial court found Lyons had served three prior prison terms pursuant to the provisions of section 667.5, subdivision (d). The trial court sentenced Lyons to an aggravated term of nine years for the attempted murder, enhanced by a term of 25 years to life pursuant to section 12022.53, subdivisions (d) and (e)(1), and three one-year terms pursuant to section 667.5, subdivision (b), for a total determinate term of 12 years and an indeterminate term of

People v. Lyons CA5

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