People v. Coniglio CA3

Filed 2/29/16 P. v. Coniglio CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C076564

Plaintiff and Respondent, (Super. Ct. Nos. CM038368, CM038961, CM038962, v. SCR90900, SCR94340, SCR95939) TIMOTHY PAUL CONIGLIO,

Defendant and Appellant.

Defendant Timothy Paul Coniglio pleaded guilty to, and was convicted of, multiple counts arising from six cases. On appeal, he challenges the sentence imposed for two of those cases. In case No. CM038368, defendant pleaded guilty, after being found with two guns in his truck, to three weapons charges: possessing an assault weapon (Pen. Code,

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§ 30605, subd. (a); count 1);1 having a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count 2); and carrying a loaded, unregistered firearm (§ 25850, subd. (a); count 3). He was sentenced for each count. Defendant contends that sentence is unauthorized because under section 654, he may be punished only twice — once for each of the two guns found in his truck. In case No. CM038962, a jury returned a finding of a weapons use enhancement (§ 12022, subd. (b)(2)), and the court, accordingly, imposed a two-year sentence enhancement. Defendant contends that was error because the wrong subdivision was inadvertently presented to the jury: subdivision (b)(2) rather than (b)(1). Under the proper subdivision, he would have received only a one-year enhancement. The People concede both errors. We agree and modify the judgment by staying count 3 in case No. CM038368 and imposing the intended one-year sentence enhancement under section 12022, subdivision (b)(1) in case No. CM038962. BACKGROUND Defendant’s appeal arises from six consolidated cases resulting from multiple arrests over a year’s time. But we limit our discussion to the facts underlying the two issues before us. The Firearm Possession Charges in Case No. CM038368 Following a traffic stop, defendant admitted to having a loaded nine-millimeter pistol under the front seat center console and a loaded AR-15 assault rifle under the backseat. A search also revealed three plastic bags of ammunition. Defendant pleaded guilty to three felonies: possession of an assault weapon (§ 30605, subd. (a); count 1); having a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count 2); and carrying a loaded, unregistered firearm (§ 25850, subd. (a); count 3).