People v. Donel CA2/2

BACKGROUND

In 2008, a jury convicted defendant of false imprisonment by violence (§ 236; count 1), corporal injury to a spouse, cohabitant, or child’s parent (§ 273.5, subd. (a); count 2), assault with a firearm (§ 245, subd. (a)(2); count 3), and discharge of a firearm with gross negligence (§ 246.3; count 5).2 The jury found true the allegation in count 3 that defendant personally discharged a firearm. Defendant admitted suffering two prior felony convictions alleged as to counts 1, 2, 3, and 5 pursuant to sections 1170.12 and 667, subdivision (b), the “Three Strikes” law. Defendant also admitted two prior convictions alleged as to all counts pursuant to sections 667, subdivision (a)(1) (prior serious felony enhancements) and 667.5, subdivision (b) (prior prison term enhancements). On March 13, 2008, the court sentenced defendant to an aggregate term of 158 years to life in prison, comprised of consecutive third strike terms of 25 years to life as to each count, plus 10 years for two prior serious felony enhancements for each count, two years for two prior prison term

1 All further unattributed code sections are to the Penal Code unless otherwise stated. 2 Count 4 was…