People v. Nava CA5

INTRODUCTION

A jury convicted defendant Francisco Antonio Nava of shooting into an occupied motor vehicle (Pen. Code, § 246; count 3) and found true allegations a principal used a firearm within the meaning of section 12022.53, subdivisions (c) and (e)(1). The jury also found the crime was committed for the benefit of a criminal street gang within the meaning of former section 186.22, subdivision (b)(1)(C). (Undesignated statutory references are to the Penal Code.) Our court previously reversed the gang and firearm use enhancements and remanded the matter to the trial court in People v. Nava (May 2, 2022, F080965 [nonpub. opn.]), in light of the legislative changes enacted by Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333). On remand, the gang and firearm use allegations were retried and the court found them true. The court sentenced defendant to 23 years’ imprisonment, composed of the low term of three years for the substantive offense, plus 20 years for the section 12022.53, subdivisions (c) and (e)(1) firearm enhancement. Defendant appeals from the judgment, arguing the court abused its discretion by failing to reduce or dismiss the firearm enhancement. The…