People v. Ainsworth CA6

Background The first 12 counts of the third amended information arose out of a home invasion robbery that occurred on March 27, 2009. The Santa Cruz County District Attorney charged appellant with three counts of kidnapping for extortion (Pen. Code, §209, subd. (a);2 count 1, victim Teodros Anley; count 2, victim Patricia Anley; and count 3, victim Ezana Anley); robbery (§211, count 4); first degree residential burglary (§459, count 5); two counts of unlawfully taking a vehicle (Veh. Code, §10851, subd. (a), counts 6 & 8); grand theft of an access card (§484g, subd. (a), count 7); receiving stolen property (§496, subd. (a), count 9); dissuading a witness by force or threat (§136.1, subd. (c)(1), count 10); witness intimidation (§137, subd. (b), count 11); and criminal threats (§422, count 12). As to counts 1 through 4, the district attorney alleged that appellant personally used a firearm—a rifle—within the meaning of sections 12022.5, subdivision (a) and 12022.53, subdivision (b), and that appellant personally used an assault weapon within the meaning of section 12022.5, subdivision (b). As to counts 1 through 9, the district attorney alleged an on-bail enhancement (§12022.1) and…