People v. Lara CA4/2

BACKGROUND

In addition to finding defendant guilty of attempted voluntary manslaughter in

count 1, the jury convicted him of misdemeanor violation of a domestic relations court

order (§ 273.6, subd. (a); count 2) and illegally possessing a firearm as a felon (§ 29800,

subd. (a)(1); count 3). The jury found two firearm allegations to be true on count 1:

personally and intentionally discharging a firearm (§ 12022.53, subd. (c)) and personal

use of a firearm (id., subd. (b)). The court scheduled a bifurcated bench trial on multiple

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 prior conviction allegations, two of which the court found true as reflected in the sentence

it imposed. In October 2019, the court sentenced defendant to an aggregate term of

15 years four months in prison. This included doubling of the principal term on count

for the prior strike the court found true (criminal conspiracy; § 182, subd. (a)(1)), and

further included the penalty terms for defendant’s prior serious felony conviction (§ 667,

subd. (a)) and one added firearm enhancement on count 1 under section 12022.5,

subdivision (a), in place of the two…