People v. Alvarez CA5

FACTS

Background Defendant was charged with battery on a peace officer (count I – Pen. Code,1 § 243, subd. (c)(2)); three counts of assault with a semiautomatic weapon (counts II, III and IV - § 245, subd. (b)); negligent discharge of a firearm (count V - § 246.3, subd. (a)); and three counts of felony resisting arrest (counts VI, VII, and VIII - § 69). As to the assault with a semiautomatic weapon counts, it was alleged (1) that defendant personally used a firearm (§ 12022.5, subd. (a)); (2) that defendant had suffered a prior serious felony conviction as described in section 667, subdivision (a). As to all counts, it was alleged defendant suffered a prior serious felony conviction as described in section 667, subdivision (d). The jury returned verdicts of guilty as to the counts of assault with a semiautomatic weapon and negligent discharge of a firearm (counts II, III, IV, and V). The jury found the firearm use allegations on counts II, III and IV to be true. (§ 12022.5, subd. (a).) The jury returned verdicts of not guilty as to the battery on a peace officer and felony resisting arrest counts (counts I, VI, VII and VIII). The jury also returned verdicts of not guilty as to…