People v. Pardue CA3

BACKGROUND

Not all of the details of defendant’s underlying crimes are relevant to the contention in this appeal. It is sufficient to explain that defendant had a daughter with D.G., and when his relationship with D.G. ended in early 2008, he moved out of the home but became upset when he thought D.G. had a new boyfriend. Among other things, defendant held a gun to people, threatened to kill them, took his young daughter and others to another location, ransacked a bedroom, hit the suspected boyfriend with a gun, and later shot him in the leg. (Pardue, supra, C064864.) A jury convicted defendant of two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)),1 three counts of kidnapping (§ 207, subd. (a)), three counts of making criminal threats (§ 422), two counts of attempted criminal threats (§§ 664/422), and one count of unlawful possession of ammunition (§ 12316, subd. (b)(1)). The jury found true allegations that defendant used a firearm (§ 12022.5, subd. (a)) and inflicted great bodily injury (§ 12022.7, subd. (a)). In addition, the trial court found that defendant had two prior serious felony convictions. (§§ 667, subds. (b)-(i) & 1170.12.)

1 Undesignated…