People v. Barraza CA4/2

I.

INTRODUCTION

A jury found defendant and appellant David Alejandro Barraza guilty of assault

(Pen. Code,1 § 240), the lesser included offense of assault with firearm (§ 245,

subd. (a)(2)) as alleged in count 1; three counts of making a criminal threat (§ 422; counts

2, 7 & 8); infliction of corporal injury on a spouse or cohabitant (§ 273.5, subd. (a);

count 3); and three counts of felon in possession of a firearm (§ 29800, subd. (a)(1);

counts 4, 5 & 6). They also found true the allegation that defendant personally inflicted

great bodily injury on his spouse or cohabitant in the commission of count 3. In a

bifurcated proceeding, the trial court found true that defendant had suffered a prior

serious felony conviction (§ 667, subd. (a)) and a prior strike conviction (§§ 667,

subds. (b)-(i), 1170.12, subds. (a)-(d)). The court also found true the factors in

aggravation for sentencing purposes. After the trial court denied defendant’s motion to

strike the prior strike conviction, the trial court sentenced defendant to 14 years with

credit of 548 days for time served. The court dismissed the prior serious felony

enhancement in the interest of justice, and ordered…