People v. Smoot CA3

BACKGROUND

Smoot and victim P. Doe had a romantic relationship. One evening, Doe and three men, W.I., T.C., and D.C., were at Doe’s house. Doe, W.I., and T.C. were inside the house, and D.C. was in the front yard. Smoot drove up to the house, got out of his car, and shot at the house. A shot hit the front door, destroying the glass. Smoot fired three shots outside and then entered the house. Inside, W.I. grabbed a metal pole, threw it at Smoot, and ran to a bedroom. Smoot pursued him and tried to kick down the bedroom door. Smoot fired two shots, one into the ceiling and one into the wall. He then ran out of the house, got into his car, and drove away. Police found four shotgun shell casings, three outside the house and one in the living room. In the living room, they also found bird shot pellets in the ceiling. The People charged Smoot with assault with a firearm as to W.I. (§ 245, subd. (a)(2); count one), discharge of a firearm at an occupied building (§ 246; count two), burglary of Doe’s residence (§ 459; count three), possession of a firearm by a felon (§ 29800, subd. (a)(1); count four), and grossly negligent discharge of a firearm (§ 246.3; count five). The information did…