What are the consequences of a jury finding a defendant guilty of assault with a firearm?

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.

Other Questions


What are the consequences of a jury finding that a defendant guilty of a charge of murder and conspiracy to commit a firearm and gang crime in an aggravated assault? (California, United States of America)
What are the consequences of a jury finding John Love guilty of two counts of assault with a firearm and non-premeditated attempted murder? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of robbery while personally using a firearm? (California, United States of America)
What are the consequences of section 1170.1 of the California Criminal Code when a defendant is convicted of assault with a firearm in the commission of a single assault? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of a charge of assault with intent to pervert the course of justice? (California, United States of America)
What are the consequences of the jury's finding of gang enhancement allegations in the case of the alleged assault with firearm and possession of a firearm by a felon? (California, United States of America)
What is the test for overturning a finding that a defendant has been found guilty of a charge of sexual assault against two different defendants? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of assault with a deadly weapon and dissuading a witness? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.