People v. Thomas CA3

BACKGROUND

A felony complaint charged defendant with discharging a firearm at an inhabited dwelling (count 1; Pen. Code, § 246);1 first degree residential burglary (count 2; § 459); assault with a firearm upon Donell T. (count 3; § 245, subd. (a)(2)); and misdemeanor unlawful possession of a firearm (count 4; § 12021, subd. (g)(2)). As to count 2, the complaint alleged defendant personally and intentionally discharged a firearm, proximately causing great bodily injury or death to Arianna D. (§ 12022.53, subds. (b)- (d).) As to count 3, the complaint alleged defendant personally used a firearm. (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)(1).) Defendant pled no contest to count 3 and admitted the section 12022.5, subdivision (a)(1) enhancement on that count, in return for a stipulated state prison term of 12 years (the low term of two years for the assault count, plus the upper term of 10 years, consecutive, for the enhancement), and the dismissal of the remaining counts and enhancements at sentencing. He waived preparation of a probation report. The People proffered that on or about September 12, 2010, in Sacramento County, the defendant and the victim argued and then physically…