People v. Berry

Opinion

WOODS (A. M.), P. J.

Michael Berry appeals from the judgment entered upon his conviction by jury of first degree murder, two counts of attempted murder, and one count each of second degree robbery and first degree burglary, with findings the murder was committed with personal use of a firearm and during the commission of the robbery and burglary. (Pen. Code, §§ 187, 664/187, 211,459,12022.5,190.2, subd. (a)(17).) He contends: “The trial court erred in imposing the firearm use enhancement (Pen. Code, § 12022.5) in the commission of the homicide because appellant did not use a firearm as…