People v. Campos CA2/8

FACTS AND PROCEDURE

On November 26, 2011, Oscar DeLeon told defendant, his daughter’s boyfriend, he had to leave the family home. Defendant finally left, but not until after he punched DeLeon and threatened to kill him. Later that evening, as DeLeon walked with his wife, defendant drove alongside them, pointed a rifle at them and fired two or three shots.2 In the third amended information, defendant was charged with two counts of attempted murder (§§ 664, 187), two counts of assault with a firearm (§ 245, subd. (a)(2)), shooting from a motor vehicle (former § 12034, subd. (c)), and discharge of a firearm with gross negligence (§ 246.3, subd. (a)). With respect to the assaults, it was alleged defendant personally used a firearm within the meaning of section 12022.5. It also was alleged defendant suffered a prior conviction within the meaning of section 667.5, subdivision (b). Defendant was convicted of two counts of assault with a firearm, shooting from a motor vehicle, and discharging a firearm with gross negligence. Jurors also found that defendant personally used a firearm within the meaning of section 12022.5. Defendant was sentenced to prison for three years for the assault…