People v. Tobler CA5

BACKGROUND

In a consolidated, amended information filed January 10, 2024 (the information), the District Attorney of Kern County charged defendant with attempted murder (Pen. Code,1 §§ 664, 187, subd. (a), 189; count 1) with a personal firearm discharge enhancement (§ 12022.53, subd. (c)) and a great bodily injury enhancement (§ 12022.53, subd. (d)); assault with a semiautomatic firearm (§ 245, subd. (b); count 2) with a personal firearm use enhancement (§ 12022.5, subd. (a)) and a great bodily injury enhancement (§ 12022.7); assault with a firearm (§ 245, subd. (a)(2); count 3) with a personal firearm use enhancement (§ 12022.5 subd. (a)) and a great bodily injury enhancement (§ 12022.7); unlawful possession of a firearm as a felon (§ 29800, subd. (a)(1); counts 4, 6) with enhancements for being armed with a deadly weapon (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii)); unlawful possession of ammunition (§ 30305, subd. (a)(1); counts 5, 7) with enhancements for being armed with a deadly weapon (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii)); and evading proper identification by a police officer (§ 148.9, subd. (a); count 8). The information alleged…