People v. Guzzardo CA5

STATEMENT OF THE CASE

On October 23, 2023, the Kern County District Attorney alleged in an amended information that Guzzardo committed the crimes of felon in possession of a firearm (§ 29800, subd. (a)(1); count 1) and felon in possession of ammunition (§ 30305, subd.(a)(1); count 2). The prosecution also alleged factors in aggravation for having numerous and increasingly serious convictions (Cal. Rules of Court,2 rule 4.421(b)(2)), service of a prior prison term (rule 4.421(b)(3)), and that Guzzardo was on supervision when the crime was committed (rule 4.421(b)(4)). On October 26, 2023, a jury found Guzzardo guilty on counts 1 and 2. On the prosecution’s motion, the trial court dismissed the prior prison term allegation. The court found the remaining allegations proven as to counts 1 and 2. On November 29, 2023, the trial court sentenced Guzzardo to serve 12 years and four months, consisting of eight months (one-third mid term) on each of counts 1 and 2, consecutive to eight months (one-third mid term) for second-degree burglary (count 1) in case No. BF171521A, three years for carrying a loaded firearm (count 4) in case No. BF168879A, eight months (one-third mid term) for…