People v. Ysaguirre CA2/5

I. INTRODUCTION

A jury convicted defendant, Derez Darnell Ysaguirre, of: shooting at an occupied vehicle (Pen. Code, § 246)1 (count 1); discharging a firearm in a grossly negligent manner (§ 246.3, subd. (a)) (count 2); and being a felon in possession of a firearm (§ 29800, subd. (a)(1)) (count 3). Defendant admitted he had sustained a prior felony robbery conviction within the meaning of sections 667, subdivisions (a)(1) and (b) through (i) and 1170.12. Defendant was sentenced to 15 years in state prison. We reverse the count 2 conviction. We modify the judgment with respect to assessments and conduct credit. We remand for resentencing on count 3.

II. THE EVIDENCE

John Knapp was the deputy director of security for the Church of Scientology (church) in Hollywood. On June 16, 2012, at approximately 3 a.m., Mr. Knapp was in the church’s security control room. The church building was on Hollywood Boulevard, on the northeast corner of Hollywood Boulevard and Ivar Avenue. The church had multiple exterior security cameras in the area. A security guard, Oleksandr Solomko, alerted Mr. Knapp that a fight had broken out on the sidewalk. Mr. Knapp manipulated the security cameras to…