(Super. Ct. No. 08F05013)
The opinion of the court was delivered by: Raye , P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury found defendant Shreron Grandison guilty of attempted first degree murder and assault with a deadly weapon of Ishaq El-Amin, first degree residential burglary of Johana Leach, and misdemeanor child endangerment of Jordyn D. and Meah D. The multiple-victim exception to Penal Code section 654 (section 654) applies in this case because there is substantial evidence to support the trial court's implied finding that defendant burgled his ex-girlfriend's residence armed with at least two, and maybe three, long knives. Based on this evidence, therefore, the burglary was a violent crime justifying the court's imposition of a six-year term for burglary in addition to a life term for the attempted murder of a second victim and various enhancements. We affirm.
Few facts are relevant to the section 654 sentencing issue before us. They can be simply stated.
Defendant lived with Johana Leach for about two and one-half years, and they had a two-year-old daughter, Meah. Johana also had a six-year-old daughter, Jordyn. In May 2008 Johana left defendant and moved into a new apartment. Defendant had never been in the new apartment and was not invited to visit.
At about 10:00 p.m. on June 20, 2008, Johana was in her kitchen with her new boyfriend, Ishaq, while her daughters were watching television in an adjacent room. She screamed when she saw defendant walking down the hallway toward them holding a knife in each hand. She recognized the knives because she had been with defendant when he purchased them. She did not take the knives when she moved out.
Ishaq grabbed a chair to deflect his assailant. Defendant went after him with the knives. He stabbed Ishaq eight times in the back, neck, head, and shoulders. At some point during the altercation, Ishaq grabbed a knife and stabbed defendant in the neck. They fought in the living room and eventually outside. Johana, carrying Meah, ran outside after her daughter, Jordyn. Defendant chased her and said something like he should kill her. He demanded to kiss his baby. He ran off with a knife in his neck. The investigating police officers recovered three knives at the scene, one 11 inches, one 17 inches, and one 27 inches long.
Defendant was charged with attempted murder with a knife and assault with a deadly weapon of Ishaq causing great bodily injury, first degree residential burglary committed against Johana, making a criminal threat against Johana, and misdemeanor child endangerment. A jury found him not guilty of making a criminal threat and guilty of all other counts and enhancements.
The trial court sentenced defendant to an aggregate term of 10 years, plus an indeterminate term of life in prison, calculated as follows: for attempted murder, the determinate term of four years, comprised of three years for the great bodily injury enhancement plus one year for the deadly weapon enhancement, to be served consecutively, and the indeterminate term of life with the possibility of parole; for assault with a deadly weapon, a term of seven years, comprised of three years, the middle term, on the assault with a deadly weapon charge plus three years on the great bodily injury enhancement and one year on the deadly weapon enhancement, all stayed under section 654; for burglary, six years, the upper term, to be served consecutively; and for misdemeanor child endangerment, 180 days, time served.
Section 654, subdivision (a), as relevant here, provides: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case ...