People v. Serena CA5

FACTS AND PROCEDURAL HISTORY

The district attorney filed accusatory pleadings against Serena in two cases, No. CRM024722 and No. CRM025130. Case No. CRM024722 was based on events that took place on August 25, 2012. It alleged two counts: being a felon in possession of a firearm (Pen. Code,1 § 29800, subd. (a)(1)) and being a felon in possession of ammunition (§ 30305, subd. (a)(1)). Case No. CRM025130 was based on events that took place on October 14, 2012. It alleged four counts: assault with a firearm (§ 245, subd. (a)(2)); being a felon in possession of a firearm (§ 29800, subd. (a)(1)); carrying a loaded firearm in a public place while a felon (§ 25850, subd. (c)(1)); and being a felon in possession of ammunition (§ 30305, subd. (a)(1)). The district attorney filed a motion on March 12, 2013, to consolidate the two cases. The court granted the motion on April 5, 2013, over Serena’s opposition. The operative information, filed on August 14, 2013, listed the counts in the following order: (1) assault with a firearm on October 14, 2012 (§ 245, subd. (a)(2)); (2) being a felon in possession of a firearm on October 14, 2012 (§ 29800, subd. (a)(1)); (3) carrying a loaded firearm in…