People v. Ruiz CA3

FACTS AND PROCEEDINGS

Conviction and 2021 Sentencings A jury found defendant guilty of first degree burglary (§ 459), infliction of corporal injury on a spouse (§ 273.5, subd. (a)); discharging a firearm in a grossly negligent manner (§ 246.3, subd. (a)); being a felon in possession of a firearm (§ 29800, subd. (a)(1)); and willful cruelty to a child, a misdemeanor (§ 273a, subd. (b)).3 With respect to the burglary and corporal injury on a spouse charges, the jury found true the enhancement allegations that defendant personally used a firearm (§ 12202.5, subd. (a)) and personally inflicted GBI in a domestic violence offense (§ 12022.7, subd. (e)). As to

1 On the court’s own motion, we take judicial notice of our prior unpublished opinion. (Evid. Code, §§ 452, subd. (d), 459, subd. (a).) 2 Further undesignated statutory references are to the Penal Code.

3 The underlying facts are not relevant to the issues on appeal, so we omit them.

2 the burglary count, the jury also found true the allegation that a person other than defendant was present in the residence at the time of the commission of the burglary. (§ 667.5, subd. (c)(21).) (Ruiz I, supra, C093744, C094498.) The trial…