Trial court's imposition of 84 year sentence on a defendant convicted of attempted murder and related crimes is reversed and remanded where: 1) trial court erred in calculating defendant's sentence for the attempted murder count; 2) trial court erred in applying the criminal street gang enhancement to defendant's sentence for shooting at an occupied vehicle; 3) absent different discretionary sentencing choices by the trial court, on remand the court should impose the aggregate sentence for shooting at an occupied vehicle, while staying the sentences attempted murder charges pursuant to section 654; and 4) trial court improperly sentenced defendant on the unlawful gun possession and ammunition counts.
Filed January 21, 2010
Opinion by Judge Perluss
For Appellant: Marcia R. Clark,
For Appellee: Edmund G. Brown Jr. Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Stephanie C. Brenan and Kathy S. Pomerantz, Deputy Attorneys General.