People v. Bennett CA3

BACKGROUND

On April 3, 2021, the victim was sitting in his car when Bennett approached, pointed a gun at him, and demanded he give Bennett his car. The victim tried to take the keys out of the ignition, and a struggle ensued. Bennett fired his gun, striking the victim in the left arm. The victim was treated at a hospital for his injuries. On April 7, 2021, Bennett was driving and failed to yield when police officers attempted to conduct a traffic stop. He ran multiple red lights and drove into oncoming traffic. He threw a firearm from the car during the chase. Bennett was charged with attempted carjacking (Pen. Code, §§ 664, 215, subd. (a); count one), unlawfully driving and taking a vehicle (Veh. Code, § 10851, subd. (a); count two), unlawfully carrying a loaded firearm (Pen. Code, § 25850, subd. (a); count three), evading a police officer (Veh. Code, § 2800.2, subd. (a); count four), and misdemeanor resisting a police officer (Pen. Code, § 148, subd. (a)(1); count five). As to count one, the People alleged firearm and great bodily injury enhancements. (Pen. Code, §§ 12022.5, subd. (a), 12022.53, subds. (b)-(d), 12022.7, subd. (a).) One aggravating factor—that the crime involved…