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Name: People v. Manila
Case #: F046611
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/28/2006
Subsequent History: 9/20/06: review GRANTED (S144885)

Appellant was convicted of possession of cocaine for sale (count 1), possession of methamphetamine for sale, possession of a firearm by an ex-felon, and resisting arrest. An arming enhancement was also found true. He was sentenced to a term of 12 years for count 1 and four years for the arming enhancement. Concurrent sentences were imposed on the remaining charges, including a four-year concurrent sentence for being a felon in possession of a firearm. On appeal, appellant contended that the concurrent sentence for being a felon in possession of a firearm, and the consecutive sentence for the enhancement of being armed in the commission of the cocaine possession offense were for the same criminal act, and that one of the sentences should have been stayed pursuant to Penal Code section 654. The appellate court agreed and held that the enhancement had to be stayed. Section 654 is applicable because the enhancement was based on appellant’s conduct in committing the crime – not a status such as having a record of prior convictions.