California, United States of America
The following excerpt is from People v. Dupree, C076732 (Cal. App. 2016):
Defendant was convicted by jury of three counts of assault with a firearm (Pen. Code, 245, subd. (a)(2); Counts One through Three),1 one count of discharging a firearm in a grossly negligent manner ( 246.3; Count Four), and two counts of possession of a firearm by a convicted felon (former 12021 (Stats. 2011, ch. 15, 501.5), now 29800; Counts Eight and Twelve). With respect to the first three counts, the jury also found defendant personally used a firearm in the commission of these offenses ( 12022.5, subd. (a)).2 After a bifurcated court trial on an allegation defendant was previously convicted of a serious felony offense within the meaning of the three strikes law ( 667, subds. (b)-(i), 1170.12), the trial court found the allegation to be true. Defendant unsuccessfully moved to strike this prior conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), after which he was sentenced to serve an aggregate determinate term of 21 years 4 months in state prison.
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