Grandy

PROCEDURAL BACKGROUND

On March 2, 2005, an information was filed charging appellant Charles William Grandy in count 1 with carjacking (Pen. Code, § 215, subd. (a)); in count 2, with second degree robbery (§211); in counts 3 and 4, with assault on a peace officer with a semiautomatic firearm (§ 245, subd. (d)(2)); and in count 5, with possession of a firearm as a felon (§ 12021, subd. (a)(1)). It alleged under counts 1 through 4 that appellant had personally used a firearm (§§ 12022.5, subds. (a), (d), 12022.53, subd. (b)); in addition, under count 4, it alleged that appellant had personally discharged a firearm (§ 12022.53, subd. (c)). Finally, it alleged that appellant had three prior convictions within the scope of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), three prior convictions for a serious felony (§ 667, subd. (a)(1)), and seven prior convictions (§ 667.5, subd. (b)). Appellant pled not guilty and denied the special allegations.

Trial was by jury. On September 23, 2005, the jury found appellant guilty as charged, and found the gun-related allegations to be true. Following a bench trial, the trial court determined that appellant had…