Hartsell

Defendant Jason Lee Hartsell was charged in a two-count information with assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and possession of a sawed-off shotgun (Pen. Code, § 12020). The information also alleged he used a firearm during the assault in violation of Penal Code section 12022.5 and that he had suffered two prior felony convictions for violating Penal Code section 12020.

After denial of his motion to set aside the information pursuant to Penal Code section 995, Hartsell admitted the two prior felony convictions and went to trial before a jury. He was found guilty of assault with a deadly weapon as charged in count One of the information, with a finding he had used a firearm in the commission of the offense. The jury found him not guilty of count Two (possession of a sawed-off shotgun).

Hartsell’s motion for a new trial, his probation hearing and sentencing were all set for August 16, 1972. On that date the trial court denied his motion for new trial and ruled against probation. Consistent with the jury’s verdict, it found Hartsell had used a firearm in the commission of the assault. He was sentenced to prison for the term prescribed by law.

The…