People v. Ardis CA1/5

BACKGROUND

In July 2024, appellant was charged by amended information with 15 counts. The information also alleged that appellant had been convicted in 1988 of kidnapping, a strike offense (Pen. Code, §§ 667, subds. (d) & (e)(1), 1170.12, subds. (b) & (c)(1)).

1 All undesignated statutory references are to the Penal Code.The underlying facts are not relevant to our resolution of the sentencing issues on appeal.

1 In August, a jury convicted appellant of four firearms counts as charged: felon in possession of a firearm (§ 29800); felon in possession of a loaded firearm (§ 25850, subd. (a)); felon in possession of a concealed firearm in a vehicle (§ 25400, subd. (a)(1)); and felon with a violent prior conviction in possession of a firearm (§ 29900). The jury also convicted appellant of two lesser included offenses: misdemeanor domestic violence battery (§ 243, subd. (e)(1)) and misdemeanor trespass into a dwelling (§ 602.5). The jury acquitted appellant on the remaining charges. In a bifurcated proceeding, the jury found true the prior strike allegation and two aggravating circumstances. In September, the trial court sentenced appellant to the midterm of two years imprisonment…