People v. Matchett CA5

INTRODUCTION

In December 2011, appellant Steven Michael Matchett attacked Vernon Mixon with a gun. The attack occurred on a public street in Bakersfield after Matchett believed Mixon had orchestrated a burglary of Matchett’s residence approximately five months earlier. Matchett shot Mixon seven times, but he lived. A jury found Matchett guilty of premeditated attempted murder (Pen. Code, §§ 664, 187, subd. (b), 189;1 count 1) and assault with a semiautomatic firearm (§ 245, subd. (b); count 2). The jury also found true that Matchett inflicted great bodily injury (§ 12022.7; count 1); personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d); count 1); personally discharged a firearm during the commission of the crime (§ 12022.53, subd. (c); count 1); and personally used a firearm (§ 12022.5, subds. (a) & (b); counts 1 & 2). For count 1, Matchett was sentenced to life in prison (§§ 664, 187, subd. (a)), plus 25 years to life (§ 12022.53, subd. (d)). Sentence was imposed on the remaining special allegations, but they were each stayed pursuant to section 654. For count 2, Matchett was sentenced to three years (§ 245, subd. (b)), plus three years (§ 12022.5,…