People v. Hefflin CA2/6

Facts and Procedural Background2 In 1997, appellant assaulted Gilbert Harris with a revolver outside the Long Beach Memorial Hospital. Appellant ordered Harris to “‘[g]ive me your keys or your life’” and took his keys, wallet, and car. When a police officer stopped appellant in the stolen car, appellant opened the driver’s door, assumed a combat stance, aimed his revolver at the officer, and fired five shots, striking the officer in the head and leg. In 2000, a jury convicted appellant of willful, deliberate, and premeditated attempted murder of a peace officer (§§ 664/187, subd. (a), count 1) and carjacking (§ 215, subd. (a), count 2). The jury found true the special allegations that appellant personally used a firearm (§ 12022.5, subd. (a)(1), counts 1 & 2), discharged a firearm at an occupied motor vehicle (§ 12022.5, subd. (b)(1), count 1), and personally inflicted great bodily injury (§ 12022.7, subd. (a), count 1). In a bifurcated proceeding, the trial court found that appellant had suffered five prior prison terms (§ 667.5, subd. (b)) and a prior serious felony conviction under the “Three Strikes” law (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)). The trial court…