People v. Lewis CA4/2
Opinion
Opinion
FACTS AND PROCEDURE
On January 6, 2000, defendant supplied a shotgun to two men and accompanied
them to a residence. They knocked on the front door, argued with the drug dealer who
answered, and then, as planned shot and robbed him. The victim died less than one
month later from his wounds. Defendant went to the home with the two men, but did not
shoot the victim.
On March 7, 2000 the voters adopted Proposition 21. “ . . . Proposition
amended section 1192.7 subdivision (c), by adding 14 felonies to the statutory ‘serious
felony’ list.” (People v. Winters (2001) 93 Cal.App.4th 273.) This included assault with
a deadly weapon and was effective March 8, 2000. (§ 1192.7, subd. (c)(31).)
On March 28, 2001, a jury found defendant guilty of assault with a firearm (§ 245,
subd. (a)(2)) as an aider and abettor, but acquitted defendant of murder. (§ 187, subd.
(a).) On June 27, 2001, the trial court found that defendant had two prior strike
All section references are to the Penal Code unless otherwise indicated.
2 convictions—robbery from 1992 and assault with a firearm from 1995. On August 3,
2001, the court sentenced defendant to 25 years to life.