Bautista

In March 2002, in case No. 86117, Pablo Bautista (appellant) pled no contest to assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and admitted the offense was committed for the benefit of a gang (§ 186.22, subd. (b)(1)). He was sentenced to a term of seven years in state prison. The execution of the term was suspended and he was placed on five years’ probation with various terms, including that he serve one year in jail.

In early 2003, appellant violated probation, and new charges were filed against him in case No. 103270. Following a jury trial, appellant was found guilty of count 1, discharging a firearm in a grossly negligent manner (§ 246.3); count 2, possessing a firearm as a convicted felon (§ 12021, subd. (a)(1)); and count 3, shooting a firearm from a vehicle (§ 12034, subd. (d)). Allegations that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), that appellant had a prior strike conviction (§ 1170.12, subd. (c)(1)), and that he had a prior serious felony conviction (§ 667, subd. (a)(1)) were found true.

Appellant was sentenced to 14 years in state prison in the current case, No. 103270: the midterm, doubled,…