People v. Marcum CA3

I. BACKGROUND

A detailed statement of the facts underlying defendant’s convictions is unnecessary. We summarize only those facts pertinent to his claims on appeal. In 2018, the district attorney filed a second amended complaint charging defendant with 11 counts: residential burglary (§ 459—counts one, two, and five); grand theft of a firearm (§ 487, subd. (d)(2)—count three); possession of firearm by a felon (§ 29800, subd. (a)(1)—counts four, ten, and eleven); receipt of a stolen vehicle (§ 496d, subd. (a)—count six); receipt of stolen property (§ 496, subd. (a)—count seven); and assault on a peace officer with a semiautomatic firearm (§ 245, subd. (d)(2)—counts eight and nine). The complaint also alleged defendant suffered a prior strike conviction for a violation of section 246 (§§ 667, subds. (b)-(i), 1170.12), a prior serious felony (§ 667, subd. (a)), and two prison priors (§ 667.5, subd. (b)). As to counts eight and nine, the complaint alleged defendant used a firearm (§§ 12022.53, subd. (b), 12022.5, subds. (a), (d)). Through counsel, defendant stipulated to the factual basis for the charges and the enhancement allegations, including the prior strike and felony…