People v. Vargas CA5

INTRODUCTION

In 2016, a jury convicted defendant Joel Vargas of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b); count 1), possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2), carrying a loaded firearm while an active participant in a criminal street gang (§ 25850, subd. (c)(3); count 3), and active participation in a criminal street gang (§ 186.22, subd. (a); count 4). (Undesignated statutory references are to the Penal Code.) The jury also found true a gang enhancement (§ 186.22, subd. (b)(1)) and an allegation defendant personally used a firearm during the commission of each count (§ 12022.5, subd. (a)). The court found true allegations defendant suffered a prior strike conviction, and allegations defendant had suffered two prison priors within the meaning of section 667.5, former subdivision (b). The court sentenced defendant on count 1 to 28 years in prison, including two years for the two prior prison terms. The court imposed and stayed sentences on the remaining counts. Our court later struck the section 667.5, former subdivision (b) enhancements on appeal following resentencing proceedings. On March 19, 2024, defendant filed a request for…