People v. Luna CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In May 2015, an information charged defendant with willful and deliberate attempted murder (§ 664/187; count 1); assault with a firearm (§ 245, subd. (a)(2); count 2); domestic violence with a prior conviction (§ 273.5, subd. (a), (f); count 3); two counts of possession of a firearm by a felon (§ 29805; counts 4 & 6); possession of ammunition

1 by a felon (§ 30305, subd. (a)(1); count 5); and four counts of vandalism (§ 594, subd. (a); counts 7, 8, 9 & 10). As to count 1, the information alleged defendant personally discharged a firearm causing great bodily injury to the victim (§ 12022.53, subds. (b), (c), (d) & (e)). As to counts 2 and 3, the information alleged defendant personally used a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)) and inflicted great bodily injury to the victim under circumstances involving domestic violence (§ 12022.7, subd. (e)). In March 2016, defendant pleaded guilty to count 3 and admitted the associated enhancements. The remaining charges were dismissed with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) The trial court sentenced defendant to state prison for the middle term of four years on…