People v. Ball CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Ball with five counts: count 1—aggravated mayhem (Pen. Code, § 205)1; count 2—kidnapping (§ 207, subd. (a)); count 3—second degree robbery (§ 211); count 4—assault with a firearm (§ 245, subd. (a)(2)); and count 5— possession of a firearm by a felon (§ 29800, subd. (a)(1)). As to counts 1 through 4, the prosecution alleged Ball personally and intentionally discharged a firearm, causing great bodily injury. (§ 12022.53, subd. (d).) As to counts 1, 2, and 3, the prosecution alleged Ball personally used a firearm. (§ 12022.53, subd. (b).) The prosecution further alleged Ball had suffered a prior serious felony conviction (§ 667, subd. (a)(1)) and a prior serious or violent felony conviction (§ 667, subds. (b)-(i)). A jury found Ball guilty as charged on counts 1 through 4 and found the firearm enhancements true. The jury did not reach a verdict on count 5. The trial court found the prior conviction allegations true, and the court granted the prosecution’s motion to dismiss count 5.

1 Subsequent undesignated statutory references are to the Penal Code.

2 The court sentenced Ball to an aggregate…