People v. Portillo CA1/4

I. BACKGROUND

In January 2020, a grand jury returned an indictment charging Portillo with numerous crimes and enhancements, including count 4, possession of an assault weapon, an AR15 assault rifle (§ 30605, subd. (a)), and count 5, possession of a short-barreled rifle or shotgun (§ 33215). The charges were based on allegations that Portillo attempted to commit murder and assault and to injure his spouse with a firearm, and included that he was also in unlawful possession of both an assault weapon and a short-barreled rifle or shotgun. A jury found Portillo guilty of assault with a semiautomatic firearm, injuring a spouse, possession of an assault weapon, possession of a short- barreled rifle or shotgun, two counts of possession of a silencer, and four counts of disobeying a court order. The jury also found various enhancement allegations to be true. The court imposed a total sentence of 15 years and four months in state prison. This sentence included a consecutive eight-month midterm for the count 4 possession of an assault weapon and a concurrent two-year midterm for the count 5 possession of a short-barreled rifle or shotgun. Portillo filed a timely notice of appeal.

II.…