Legal Opinion

People v. DEGUZMAN

California Court of Appeal

Decided November 20, 2003No. H025310PublishedCited by 6 opinions

1Opinion of the Court

Opinion

PREMO, J.

After a court trial, the trial court found defendant A1 Joseph DeGuzman guilty of 54 counts of possessing “any explosive” in a public location (Pen. Code, § 12303.2) 1 and 54 counts of possessing “any explosive” with intent to injure (§ 12303.3). At sentencing, however, the trial court dismissed all but one conviction for each offense in reliance on what it felt was binding precedent. On the remaining convictions, it sentenced defendant to a seven-year upper term for the intent-to-injure offense and a six-year upper term for the public-location offense that it stayed pursuant…

2Cases cited8 opinions

  1. People v. AveryCalifornia Supreme Court · 2002
  2. Halbert's Lumber, Inc. v. Lucky Stores, Inc.California Court of Appeal · 1992
  3. People v. McKayCalifornia Supreme Court · 2002
  4. People v. KirkCalifornia Court of Appeal · 1989
  5. People v. RouserCalifornia Court of Appeal · 1997

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3Cited by6 opinions

  1. People v. GreenCalifornia Court of Appeal · 2011
  2. People v. TownsendCalifornia Court of Appeal · 2010
  3. People v. CorreaCalifornia Supreme Court · 2012
  4. People v. CorreaCalifornia Supreme Court · 2012
  5. People v. Petrovich CA5California Court of Appeal · 2014

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