People v. Fouts CA3

BACKGROUND

Given defendant’s appellate contentions, a detailed recitation of the underlying facts is unnecessary. An information charged defendant with committing a number of offenses in 2012, including the murder of Keith Sutton (Pen. Code, § 187, subd. (a) -- count 1),1 assault with a firearm (§ 245, subd. (a)(2) -- count 2), possession of a firearm by a convicted felon (§ 29800, subd. (a)(1) -- count 3), discharging a firearm in a grossly negligent manner (§ 246.3 -- count 4), possession of a firearm by a convicted felon (§ 29800, subd. (a)(1) -- count 5), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a) -- count 6), one count of receiving stolen property (a motor vehicle) (§ 496d, subd. (a) -- count 7), three counts of receiving stolen property (§ 496, subd. (a) -- counts 8 through 10), and misdemeanor giving false identification to a peace officer (§ 148.9, subd. (a) -- count 11). As to count 1, the information alleged defendant had premeditated and deliberated (§ 189), personally discharged a firearm (§ 12022.53, subd. (d)), and personally used a firearm (§ 12022.5, subd. (a)). As to count 2, the information alleged defendant personally used a firearm.…