Castaneda

Byron Rene Castaneda (appellant) appeals the judgment entered following revocation of the probation previously granted him in Los Angeles Superior Court Case No. YA030968. He was initially sentenced to state prison for a total term of 10 years, consisting of the middle base term of three years for assault with a firearm (Pen. Code, § 245, subd. (a)(2)), enhanced by four years for personal use of a firearm in committing the offense (§ 12022.5, subd. (a)) and three years for intentional infliction of great bodily injury upon the victim (§ 12022.7, subd. (a)).

Thereafter, due to the fact that the sentence imposed violated section 1170.1, subdivision (e), which then limited imposition of enhancements, appellant was resentenced to a total term of eight years, consisting of the high base term of four years for the assault with a firearm, enhanced by four years for personal use of a firearm. The additional three-year enhancement period for intentional infliction of great bodily injury (§ 12022.7, subd. (a)) was stayed.

Facts

On September 10, 1996, Mill Bullard was “deejaying” a party when members of the Lennox 13 gang who were in. attendance began “throwing up gang signs.”…