People v. Garza CA4/2

BACKGROUND

In May 2007, a jury convicted defendant in case No. INF048107 of assault likely

to cause great bodily injury (§ 245, subd. (a)(1)) and corporal injury inflicted on a spouse

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 (§ 273.5, subd. (a)) (hereafter, the DV case). He admitted a prior prison term

enhancement. (§ 667.5, subd. (b).) At sentencing, held on March 11, 2008, the trial court

imposed an aggregate prison term of 5 years, including one year for the prison prior. The

court awarded defendant presentence custody credits totaling 1,737 days. Defendant had

committed the offenses and was arrested on August 15, 2004; in the interim, before he

was convicted and sentenced, he was released on bail for about six months.

While out on bail in the DV case, defendant committed several serious new

offenses on June 22, 2005, including one count of shooting at an occupied vehicle (§ 246)

and, based on the number of occupants, four counts of assault with a firearm (§ 245,

subd. (a)(2)). Defendant was convicted of these offenses in case No. INF051283

(hereafter, the shooting case). Several enhancements were found true, including…