People v. Clayton CA5

INTRODUCTION

Defendant Donald Roy Clayton was convicted of various offenses in connection with his nonfatal shooting of another man in June 2021. We affirmed the judgment on appeal but remanded for resentencing in light of postsentencing amendments to Penal Code section 654.1 (People v. Clayton (Mar. 27, 2023, F083231) [nonpub. opn.].) The trial court resentenced defendant by imposing a section 12022.53, subdivision (c) firearm enhancement to his offense of discharging a firearm from a motor vehicle (§ 26100, subd. (c)), after striking a section 12022.53, subdivision (d) enhancement. As the parties agree, the trial court was not statutorily authorized to impose a section 12022.53, subdivision (c) enhancement for a section 26100 offense. Therefore, we vacate defendant’s sentence and the trial court’s order striking enhancements and remand for a full resentencing.

PROCEDURAL SUMMARY2

By amended information filed on May 18, 2021, the District Attorney of Kern County charged defendant with attempted premeditated murder (§§ 187, subd. (a), 664; count 1), assault with a firearm (§ 245, subd. (a)(2); count 2), possession of a handgun as a felon (§ 29800, subd. (a)(1); count 3),…