Harper

Defendant Shadeven Jason Harper was accused of committing assault with a semiautomatic firearm on a peace officer (count 1; Pen. Code, § 245, subd. (d)(2) [all further undesignated section references are to the Penal Code]), grossly negligent discharge of a firearm (count 2; § 246.3), and being a felon in possession of a firearm (count 3; § 12021, subd. (a)). It was alleged as to count 1 that defendant was personally armed in the commission of the offense (§ 12022.5, subd. (a)); it was further alleged that he had suffered a prior conviction under section 245, subdivision (a)(1) (assault with a deadly weapon) which qualified as a strike (§ 667, subds. (b)-(i)) and for a five-year enhancement (§ 667, subd. (a)(1)).

A jury convicted defendant of the lesser offense of violating section 245, subdivision (b) (assault with a semiautomatic firearm) on count 1; it also convicted him of the offenses charged in counts 2 and 3 and found the gun enhancement true. In a bifurcated proceeding, the trial court found the prior conviction allegation true. The court sentenced defendant to a total state prison term of 21 years (the midterm of six years on count 1, doubled under the three…