People v. Hayes-Kelly CA3

BACKGROUND

A second amended information charged defendant with discharging a firearm at an occupied motor vehicle (Pen. Code, § 246; count one),1 attempted murder (§§ 664, 187, subd. (a); count two), assault with a semiautomatic firearm (§ 245, subd. (b); counts three-five), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count six). The information alleged defendant personally discharged a firearm proximately causing great bodily injury as to counts one and two (§ 12022.53, subd. (d)), personally used and personally discharged a firearm as to count two (§ 12022.53, subd. (b), (c) & (e)(1)), personally used a firearm causing the offense to become a serious and violent felony as to counts two through five (§§ 12022.5, subd. (a), 1192.7, subd. (c)), personally caused great bodily injury to someone other than an accomplice as to counts three through five (§§ 667.5, subd. (c)(8), 1192.7, subd. (c)(8), proximately caused great bodily injury as to counts one, two, and five (§ 12022.7), and alleged a gang enhancement as to each count (§ 186.22, subd. (b)(1)). The information alleged defendant had a prior strike (§ 667, subd. (a)), bringing him within the sentencing…