People v. Munoz CA3

BACKGROUND

A. Munoz’s Plea and Sentence In May 2019, Munoz fired several shots at a residence from a passing car, grazing the victim with a bullet. Several days later, Munoz evaded officers during a high-speed chase, violating numerous traffic laws; the chase ended when Munoz crashed his car. After arresting Munoz, officers recovered a firearm in the car, which was connected to the earlier residential shooting.2 Based on this incident, Munoz was charged with numerous criminal counts and enhancements. In February 2021, he pled guilty to assault with a semiautomatic firearm (§ 245, subd. (b); amended count 2), being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 4), and recklessly evading a peace officer (Veh. Code, § 2800.2, subd. (a); count 7). He admitted allegations that he had a prior strike (§§ 1170.12, subd. (b), 667, subd. (d)), that he personally used a firearm during the assault offense (§ 12022.53, subd. (b)), and that he committed the felon in possession offense on behalf of or for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). In exchange for his plea, Munoz stipulated to an aggregate term of eight years eight months in state…