People v. Cortes CA2/5

I. INTRODUCTION

A jury convicted defendant, Francisco Javier Cortes, of firearm assault (Pen. Code, § 245,1 subd. (a)(2)) (count 1) and false imprisonment (§ 236) (count 2). The jury further found true allegations defendant personally used a firearm in the commission of the offenses. (§ 12022.5, subd. (a).) Defendant was sentenced to 12 years in state prison on count 1 plus a concurrent, stayed 12-year term on count 2. We modify the oral pronouncement of judgment to impose a $30 court facilities assessment (Gov. Code, § 70373, subd. (a)(1)) and a $40 court operations assessment (§ 1465.8, subd. (a)(1)) as to each count. We affirm the judgment in all other respects.

II. BACKGROUND

On July 28, 2013, defendant assaulted his girlfriend, M.M., with a loaded semi- automatic firearm. M.M. spoke to a firefighter paramedic. In that conversation, M.M. told the paramedic defendant put the gun to her head and in her mouth to keep her from leaving their apartment. Law enforcement officers recovered the weapon from inside the home. Defendant claimed he put the gun in M.M.’s mouth to prevent her from committing suicide. M.M. was unavailable to testify at trial; therefore, the prosecution…