People v. Wilson CA4/2

INTRODUCTION

On November 27, 2013, an information charged defendant and appellant Terryl

Omari Wilson with assault with a firearm under Penal Code1 section 245, subdivision

(a)(2) (count 1); and brandishing a firearm under section 417, subdivision (a)(2) (count

2). As to count 1, the information also alleged that defendant personally used a firearm

under section 12022.5, subdivisions (a) and (d).

Prior to trial, the trial court dismissed count 2 in the interests of justice on motion

by the People.

On January 29, 2014, trial commenced. On February 6, 2014, the jury declared it

was deadlocked on count 1; the court declared a mistrial.

On February 13, 2014, the parties reached an agreement to resolve the case. The

People moved to amend the information to add count 3, assault by means of force likely

to cause great bodily injury under section 245, subdivision (a)(4). Defendant pled no

contest to count 3 in exchange for credit for time served and 12 months of felony

probation. Following his successful completion of felony probation, the court agreed it

would reduce his assault conviction to a misdemeanor.

On March 10, 2014, defendant filed his notice of appeal. For the…