Gonzalez

INTRODUCTION

Defendant Francisco Gonzalez was convicted on three counts of possession of a firearm by a person previously convicted of a felony (Pen. Code, 1 § 29800, subd. (a)(1); counts 3, 4 & 5), possession of methamphetamine while armed with a loaded and operable firearm (Health & Saf. Code, § 11370.1, subd. (a); count 6), and two counts of possession of ammunition by a person previously convicted of a felony (§ 30305, subd. (a)(1); counts 7 & 8). In a bifurcated trial, the court found defendant was convicted in 2002 of a violation of former section 12021, subdivision (c)(1), with a gang enhancement pursuant to section 186.22, subdivision (b)(1), which offense constituted a “strike” within the meaning of the “Three Strikes” law. (§§ 667, subds. (c)–(j), 1170.12, subds. (a)–(e)). The court also found true four factors in aggravation: (1) defendant had prior convictions as an adult that were numerous and of increasing seriousness (Cal. Rules of Court, 2 rule 4.421(b)(2)); (2) defendant served a prior prison term (rule 4.421(b)(3)); (3) defendant was on probation or parole when the crime was committed (rule 4.421(b)(4)); and (4) defendant’s prior performance while on probation…