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eBook details

• Title: People v. Howard
• Author : California Court of Appeals
• Release Date : January 15, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

CERTIFIED FOR PARTIAL PUBLICATION 1 In a bench trial, Dexter Howard was convicted of receiving stolen property (Pen. Code, § 496, subd. (a)), 2 exhibiting a firearm in the presence of an occupant of a motor vehicle (§ 417.3), and carrying an unregistered loaded firearm (§ 12031, subd. (a)(1)). He was sentenced to four years four months in prison, doubled to eight years eight months under the Three Strikes law based on his admission of a prior juvenile adjudication for attempted robbery. (§§ 664/211.) Howard contends that there was insufficient evidence to support the conviction for exhibiting a firearm. [[He also contends that there was insufficient evidence to support the conviction for receiving stolen property, that a juvenile adjudication for attempted robbery does not qualify as a ""strike,"" and that his sentence for carrying a loaded firearm should have been stayed. (§ 654.) He also asks for an independent review of his Pitchess 3 motion.]] We conclude that Howard's conviction for exhibiting a firearm is not supported by substantial evidence that his victim was in a motor vehicle ""proceeding on a public street or highway."" (§ 417.3.) Accordingly, we will vacate the conviction but direct the trial court to enter a judgment for the lesser included offense of brandishing a firearm. (§ 417.) [[We also conclude that a juvenile adjudication for attempted robbery does not qualify as a strike under the Three Strikes law and will remand for resentencing.]] Otherwise, we affirm.

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