People v. Sarreshteh CA4/1

I. INTRODUCTION

Travis Fereydoun Sarreshteh appeals from his ten-count conviction, challenging only the trial court’s imposition of the upper term for a firearm enhancement on count 6. He claims the aggravating circumstances upon which that upper term was based applied to the underlying assault offense but not to the enhancement. Finding Sarreshteh’s claim forfeited, we affirm the judgment.

II. BACKGROUND

After Sarreshteh went on a shooting spree in Downtown San Diego in

2021, a jury convicted him of one count of first degree murder (Pen. Code,1 § 187, subd. (a); count 1), four counts of attempted first degree murder (§§ 664, 187, subd. (a); counts 2–5), and one count of assault with a semiautomatic firearm (§ 245, subd. (b); count 6). The jury found that Sarreshteh personally and intentionally discharged a firearm proximately causing death in count 1 (§ 12022.53, subd. (d)), personally and intentionally discharged a firearm proximately causing great bodily injury in counts 2 through 5 (§ 12022.53, subd. (d)), and personally used a firearm (§ 12022.5, subd. (a)) inflicting great bodily injury in count 6 (§ 12022.7, subd. (a)). The jury found true five aggravating factors…