P. v. Oates 8/31/04 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E029354A

Case Date: 08/31/2004

Preview:Filed 8/31/04 (opinion on remand from Supreme Court)

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. JIMMIE LEE OATES, Defendant and Appellant. E029354 (Super.Ct.No. FWV 018708) OPINION

APPEAL from the Superior Court of San Bernardino County. Ingrid A. Uhler, Judge. Affirmed in part; reversed in part with directions. John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Lora Fox Martin and Steven T. Oetting, Deputy Attorneys General, for Plaintiff and Respondent. 1. Introduction After we affirmed the trial court's judgment in this case, but ordered various

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sentencing modifications, the California Supreme Court granted review and reversed this court only as to imposition of the Penal Code section 12022.53, subdivision (d)1 enhancement imposed on count 5. Specifically, the Supreme Court held that this court erred in holding that a section 12022.53, subdivision (d) enhancement, which requires great bodily injury, could be imposed only once under section 654 since only one person was injured. The Supreme Court remanded the case to this court for further proceedings consistent with its opinion, including remanding the case to the trial court for resentencing. Since the Supreme Court affirmed our decision in all regards, other than as to the section 12022.53, subdivision (d) enhancement issue, we repeat in this opinion our views and holdings as stated in our previous opinion. As to the enhancement issue, we adopt the views and holding stated in the Supreme Court decision, and remand the case for resentencing. 2. Procedural Background Defendant Jimmie Lee Oates and two companions drove into hostile gang territory and fired two shots at a group of five rival gang members. Gustavo Barrera was shot in the leg, resulting in its amputation. Defendant appeals judgment entered following his jury conviction for five counts of attempted premeditated murder (counts 1, & 3 through 6) (

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