People v. Rangel CA4/2

INTRODUCTION

On October 27, 2008, an information charged defendant and appellant Armand

Dorame Rangel with thirteen counts: (1) making criminal threats under Penal Code1

section 422 (count 1); attempted first-degree burglary under sections 664 and 459 (count

2); (3) assault with a firearm under section 245, subdivision (a)(2) (count 3); (4)

possession of a firearm by a felon under section 12021, subdivision (a)(1) (counts 4, 8-

12); (5) possession of marijuana for sale under Health and Safety Code section 11359

(count 5); (6) possession for sale of methamphetamine under Health and Safety Code

section 11378 (count 6); (7) possession of methamphetamine while armed with a loaded,

operable firearm under Health and Safety Code section 11370.1 (count 7); and (8)

possession of an assault weapon under section 12280, subdivision (b) (count 13). As to

counts 2 and 3, the information also alleged that defendant personally used a firearm

within the meaning of section 12022.5. The information further alleged that defendant

suffered a prior conviction in 2001 that qualified as both (1) a serious felony conviction

under section 667, subdivision (a); (2) and a strike under sections…