Miceli

A jury convicted defendant Joseph Salvatore Miceli of assault with a semiautomatic firearm upon Matthew Linton on July 4, 1999 (count 2; Pen. Code, § 245, subd. (b) [all further undesignated section references are to the Penal Code]), assault with a firearm upon Linton on July 4, 1999 (count 3; § 245, subd. (a)(2)), drawing or exhibiting a firearm in the presence of Linton, Janice Kohrdt, and Victor Padgett on July 4, 1999 (counts 8-10; § 417, subd. (a)(2)), and failure to process a firearms transaction through a licensed firearms dealer or law enforcement agency (count 11; § 12072, subd. (d)). As to counts 2 and 3, the jury found defendant personally used the firearm. (§ 12022.5, subd. (a).) However, the jury acquitted defendant of assault by means of force likely to produce great bodily injury upon Brenda Miceli on July 2, 1999 (count 1; § 245, subd. (a)(1)), assault with a deadly weapon (a van) and by means of force likely to produce great bodily injury upon Linton on July 4, 1999 (count 4; § 245, subd. (a)(1)), and making terrorist threats against Linton, Kohrdt, and Padgett on July 4, 1999 (counts 5-7; § 422).

Granted five years’ probation (including one year in…