California v. Stout
Annotate this CaseA jury convicted defendant Douglas Stout of attempted carjacking, attempted kidnapping, criminal threats, carrying a loaded firearm with the intent to commit a felony, possession of a firearm by a felon, assault with a semiautomatic firearm, and possession of ammunition by a felon. The jury found true allegations that defendant personally used a forearm in the commission of the enumerated felonies, and he had prior prison terms and on-bail enhancements. The trial court imposed a state prison term of 35 years and four months, encompassing three different cases. Defendant raised multiple challenges to his conviction and sentence. In the published portion of its opinion, the Court of Appeal agreed with defendant and the Attorney General that the firearm use enhancement on the count 4 conviction for carrying a loaded firearm with the intent to commit a felony had to be stricken. In the unpublished portion of the opinion, the Court of Appeal concluded the asserted instructional error was harmless, and one of defendant’s convictions for possession of a firearm by a felon had to be reversed. The case was remanded for the trial court to exercise its discretion whether to strike the firearm use enhancements pursuant to Senate Bill 620, and directed the trial court on remand to stay sentence on the count 1 conviction for attempted carjacking and its associated firearm use enhancement, unless the trial court decides to strike the enhancement. The Court noted a clerical error in the abstract of judgment; because the trial court must recalculate the aggregate sentence on remand, the Court did not address defendant’s fifth contention that the trial court miscalculated defendant’s sentence.
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