Navarro

People v. Navarro

Good Law
161 Cal. App. 4th 1100·2008 Cal. App. LEXIS 495·74 Cal. Rptr. 3d 828
Court of Appeal of CaliforniaApril 8, 2008F052604California1,770 words

Opinion

Opinion

Gomes, J.

A six-count complaint charged appellant Adrian Navarro with, inter alia, five felonies—attempted willful, deliberate, and premeditated murder, malicious and willful discharge of a firearm at an inhabited dwelling house, possession of cocaine base for sale, possession of a short-barrel shotgun, and assault with a firearm—together with, inter alia, personal and intentional discharge of a firearm, personal firearm use, and criminal street gang allegations. (Pen. Code, §§ 186.22, subd. (b)(1), 187, subd. (a), 246, 664, subd. (a), 12020, subd. (a)(1), 12022.5, subd. (a), 12022.53, subds. (b), (c); Health & Saf. Code, § 11351.5.) In a negotiated agreement at entry of plea proceedings, he pled no contest to assault with a firearm, to a criminal street gang allegation (which the court stated carried a five-year term), and to a personal firearm use allegation in return for dismissal of all other charges and allegations. The court imposed an aggregate 17-year term—a three-year middle term on the assault with a firearm, a 10-year term on the criminal street gang allegation, and a four-year middle term on the personal firearm use enhancement. (§§ 186.22, subd. (b)(1)(C), 245, subd.…

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