People v. Soberanis CA2/2

BACKGROUND

Procedural history Defendant was charged with three felony counts, as follows: count 2, assault with a firearm in violation of Penal Code section 245, subdivision (a)(2);2 count 3, possession of a firearm by a felon, in violation of former section 12021, subdivision (a)(1);3 and count 4, carrying a loaded, unregistered firearm in violation of former section 12031, subdivision (a)(1). The information also alleged four prior convictions pursuant to section 667.5, subdivision (b), which were also alleged as qualifying felony convictions under the “Three Strikes” law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)). As to count 2, the information alleged pursuant to section 12022.5, subdivision (a), that defendant personally used a firearm in the commission of the crime; and pursuant to 667, subdivision (a)(1), that defendant had suffered two prior serious felony convictions.

See Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); Penal Code sections 832.7 and 832.8; Evidence Code sections 1043 through 1045.

All further statutory references are to the Penal Code, unless otherwise indicated.

Section 12021 was recodified at section 29800…