People v. Mays CA1/2

BACKGROUND

I. Procedural Background

On December 5, 2012, the People filed a first amended information charging Mays with assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)),1 count 1; false imprisonment (§ 236), count 2; possession of a controlled substance, methamphetamine, for sale (Health & Saf. Code, § 11378), count 3; possession of a firearm with a prior conviction (§ 29900, subd. (a)(1)), count 4; possession of a firearm by a felon (§ 29800, subd. (a)(1)), count 5; and possession of ammunition while prohibited from possessing a firearm (§ 30305, subd. (a)(1)), count 6. The information also alleged two prior serious felony convictions, pursuant to sections 667, subdivisions (d) and (e), and 1170.12, subdivisions (b) and (c), and two prior convictions, pursuant to section 667, subdivision (a)(1). A jury found Mays guilty on counts 3, 4, 5 and 6; not guilty on count 2; and guilty of the lesser included offense of simple assault (§ 240) on count 1. In a bifurcated proceeding, the court found true the prior conviction allegations. On March 1, 2013, the court sentenced Mays to an aggregate term of five years and 10 months in state…