People v. Hernandez CA2/5

Filed 5/10/16 P. v. Hernandez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B264311

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA064961) v.

PETER HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Christopher G. Estes, Judge. Affirmed as modified. Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, and Andrew S. Pruitt, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION A jury found defendant and appellant Peter Hernandez guilty of possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)), possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)1), possession of ammunition (§ 30305, subd. (a)(1)), and possession of a smoking device (former Health & Saf. Code, § 11364.1, subd. (a)(1)). Defendant admitted he suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and six prior convictions within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to state prison for a term of 12 years for his possession of a controlled substance with a firearm conviction and to concurrent lesser terms for his remaining convictions. On appeal, defendant contends the trial court erred by imposing a concurrent term on his possession of a firearm by a felon conviction rather than staying the term under section 654. The Attorney General agrees. We order defendant’s sentence on his possession of a firearm by a felon conviction stayed under section 654, and his abstract of judgment modified accordingly.