People v. Brent CA3

FACTS AND PROCEEDINGS

On June 25, 2012, defendant pleaded no contest in case No. 10F04146 to the charge of grossly negligent discharge of a firearm that could result in injury or death (§ 246.3; count two), and admitted to personally using a firearm in the commission of the offense (§ 1192.7, subd. (c)(8)). Defendant also admitted the allegations that he had previously been convicted of a strike (§§ 667, subds. (b)-(i), 1170.12), had served a prior prison term (former § 667.5, subd. (b)), and had previously been convicted of two serious felonies (§§ 1192.7, subd. (c), 667, subd. (a)). The parties stipulated to the factual basis for the plea: “On June 26th, 2010, the defendant in this county got into an argument with residents over at 6040 North Crest Circle. He was seen going to his car and popping the trunk and retrieving a handgun and firing that handgun several times in a negligent manner. There were children outside playing, and at least one car was hit by one of his bullets. [¶] Prior to that date, on May 28th, 2009, the defendant was convicted of a . . . violation of [§] 422 [criminal threats] . . . as alleged in prior conviction one, and prior to that date, on February…