People v. Gadlin CA3

Filed 4/5/16 P. v. Gadlin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C078769

Plaintiff and Respondent, (Super. Ct. No. 13F04190)

v.

GREGORY AARON GADLIN,

Defendant and Appellant.

Defendant Gregory Gadlin was convicted of 16 counts of robbery (Pen. Code, § 211),1 one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1)), and one count of being a felon in possession of ammunition (§ 30305, subd. (a)(1)). He raises three contentions on appeal: (1) the trial court erred in imposing prior serious felony enhancements to his two possession convictions; (2) the trial court erred in not staying, under section 654, one of the possession terms; and (3) the trial court erred in failing to state reasons for imposing consecutive terms for robbery convictions on which the court had discretion to impose concurrent terms. The People concede defendant’s first two

1 Undesignated statutory references are to the Penal Code.

1

contentions but challenge the third. We agree with the People. Accordingly, we will strike the erroneous enhancements, stay the ammunition possession term, and affirm the remainder of the judgment. I. BACKGROUND Between May and July 2013, defendant robbed 11 stores. In five of those robberies, two victims were present. When defendant was eventually arrested, the police found a loaded gun under the driver’s seat of his car. A jury convicted defendant of 16 counts of robbery. (§ 211.) Ten of those counts arose from five robberies with two victims and represented one count for each victim.2 During the commission of one of the counts defendant discharged a gun. (§ 12022.53, subd. (c); count 16.) During the commission of another count defendant discharged a gun and shot his victim, causing great bodily injury. (§ 12022.53, subd. (d); count 17.) Defendant was also convicted of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 18) and ammunition (§ 30305, subd. (a)(1); count 19). The court found true that defendant had suffered three prior strike convictions. For each of the 14 robbery counts where defendant did not discharge a firearm, the court imposed indeterminate terms of 30 years to life and determinant terms of 25 years.3 (Included within these 14 counts were the 10 counts arising from the five robberies with two victims.) For the final two robbery counts, in which the defendant discharged a gun,