People v. George CA4/1

I. Background In a second amended felony complaint, George was charged with three felony counts: felon in possession of a semi-automatic firearm who is

“addicted to the use of any narcotic drug” (Pen. Code,1 § 29800, subd. (a)(1); count 1); felon in possession of ammunition (§ 30305, subd. (a)(1); count 2); and gross negligent discharge of a firearm which could result in injury or death to a person (§ 246.3, subd. (a); count 3). It was alleged, as to count 1, George was armed with a deadly weapon (§ 667, subd. (e)(2)(C)(iii)) and, as to count 3, that George personally used a firearm (§ 1192.7, subd. (c)(8)). It was further alleged George had suffered a prior serious felony conviction (§ 667, subd. (a)) and four strike priors (id., subds. (c) & (e), 1170.12, subd. (c)), including 1997 convictions for assault with intent to rape (§ 220), rape (§ 261), lewd acts with a minor (§ 288), and a 1998 conviction for assault with intent to rape (§ 220). On February 29, 2024, George pled guilty to counts 1 and 3 and admitted he personally fired the gun within the meaning of section 1192.7, subdivision (c)(8), and that he had suffered the prior serious felony conviction (sometimes referred to…