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The People v. Ernest Eugene Motley

February 28, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ERNEST EUGENE MOTLEY, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F07241)

The opinion of the court was delivered by: Murray , J.

P. v. Motley

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Ernest Eugene Motley appeals following his conviction for first degree burglary (Pen. Code, § 459),*fn1 infliction of corporal injury on a co-parent (§ 273.5, subd. (a)), two counts of assault with a firearm (§ 245, subd. (a)(2)), assault with force likely to produce great bodily injury (§ 245, subd. (a)(1)), misdemeanor child abuse (§ 273a, subd. (b)), felon in possession of ammunition (former § 12316, subd. (b)(1)), and felon in possession of a firearm (former § 12021, subd. (a)(1)).*fn2 Defendant contends that the trial court violated section 654's prohibition against multiple punishment in two respects, and that the abstract of judgment contains clerical errors. The People dispute one of defendant's section 654 claims but otherwise agree with defendant. We conclude section 654 requires stay of the sentence for possession of ammunition by a felon, and direct preparation of a modified abstract of judgment. We also direct that the trial court correct several clerical errors in the abstract. We otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The Charges

By amended information, the prosecution charged defendant with 10 counts; the first two were committed on September 15, 2009, and the remainder were committed on September 22, 2009. The section 654 issues presented here relate to Count Three, first degree burglary, which occurred on September 22, but there is evidentiary support for one of defendant's criminal objectives on that day in the events of September 15.

September 15, 2009 Charges

Count One - corporal injury on a co-parent, Vanity Doe (§ 273.5, subd. (a)), and

Count Two - felony child abuse (§ 273a).

September 22, 2009 Charges

Count Three - first degree burglary (residential) (§ 459);

Count Four - first degree robbery (residential) of keys, a helmet and a backpack from Calvin Lynn (§ 211);

Count Five - assault with a firearm on Calvin Lynn (§ 245, subd. (a)(2)), with an allegation of personal use of a firearm (§ 12022.5, subds. (a), (d));

Count Six - assault by means of force likely to produce great bodily injury on Calvin Lynn (§ 245, subd. (a)(1));

Count Seven - corporal injury of a co-parent, Vanity Doe (§ 273.5, subd. (a)), with allegations of personal infliction of great bodily injury under domestic violence circumstances (§ 12022.7, subd. (e)), and personal use of a firearm (§ 12022.5, subds. (a), (d));

Count Eight - assault with a firearm on Vanity Doe (§ 245, subd. (a)(2)), with an allegation of personal use of a firearm (§ 12022.5, subds. (a), (d));

Count Nine - felon in possession of ammunition (former § 12316, subd. (b)); and

Count Ten - felon in possession of a firearm (former ยง ...


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