People v. Green CA2/5

I. BACKGROUND

A. Defendant’s Conviction, Sentence, and Direct Appeal In October 2014, the Los Angeles County District Attorney’s Office filed an eight-count amended information against defendant charging him with attempted murder and other offenses. In addition to the eight substantive counts, the information alleged defendant had previously been convicted of a serious and/or violent felony (specifically, first degree burglary) and had sustained two prior convictions for which a prison term was served as described in section 667.5 (one of which was the first degree burglary conviction).

1 Undesignated statutory references that follow are to the Penal Code.

2 At trial, the jury convicted defendant on six of the eight counts: shooting at an occupied motor vehicle (count 2), criminal threats (count 3), and four counts of attempted murder (counts 4, 6, 7, and 8). The jury found true allegations that defendant personally used or discharged a firearm as to some of the counts. At sentencing, defendant was sentenced to a total of 39 years in prison. Although the sentencing judge made no mention of the prior prison term enhancement when pronouncing sentence, the minute order issued…