People v. Buenrostro CA4/3

STATEMENT OF THE CASE

On May 22, 2019, a jury found Buenrostro guilty of attempted second degree robbery (Count 2 of the information), possession of a firearm within 1,000 feet of a school (Count 3), possession of a firearm by a felon (Count 4), and assault with a firearm (Count 6). As to Count 2, the jury found Buenrostro personally and intentionally discharged a firearm causing great bodily injury (GBI). As to Count 6, it found he personally used a firearm and personally inflicted GBI. In a bifurcated proceeding, the trial court found that Buenrostro had suffered a prior strike conviction for which he served a term in prison. The trial court sentenced Buenrostro to a total of 28 years in prison. This court affirmed the judgment in full. (See People v. Buenrostro (Sept. 14, 2021, G058813) [nonpub. opn.].) The California Supreme Court, however, granted review and transferred the matter back to this court to reconsider the sentence in light of newly enacted sentencing legislation. Subsequently, this court reversed the sentence and remanded the matter for a new sentencing hearing. (See People v. Buenrostro (Mar. 16, 2022, G058813) [nonpub. opn.].) On remand, the trial court…