People v. Canada CA2/1

BACKGROUND

A second amended information alleged that Canada committed assault with a semiautomatic firearm on Roberto Villanueva in violation of Penal Code1 section 245, subdivision (b) (count 1) with a personal use enhancement. The information further alleged that Canada was a felon in possession of a firearm, in violation of section 12021, subdivision (a)(1) (count 2). As to both counts, the information alleged that Canada had seven prior felony convictions under section 1203, subdivision (e)(4), for which he served prison terms pursuant to section 667.5, subdivision (b). At trial, Paola Padilla testified that on the evening of August 16, 2011, she was at home in Hawthorne with her mother and her mother‘s boyfriend, Roberto Villanueva. At 8:00 p.m. Padilla left the apartment to buy milk and walked to her car in the carport area. She noticed that another car was blocking the rear of her car, with four black men sitting inside. As Padilla opened her car door, she saw Canada standing next to the passenger side, urinating. Padilla thought Canada was connected to the four men in the car, and she asked him: ―‗Is that your car?‘‖ He responded: ―‗Who the fuck are you talking to?‘‖ He…