People v. Truss CA2/2

BACKGROUND

Procedural history Defendant was charged by amended information with the following five felonies: count 1, the attempted willful, deliberate, and premeditated murder of Willie Johnson (Johnson), in violation of Penal Code sections 664 and 187, subdivision (a);1 counts 2, 3, and 4, assault with a semiautomatic firearm upon Ronald Pigee, America Collins, and Ronee Collins, respectively, in violation of section 245, subdivision (b); and count 5, possession of a firearm by a felon, in violation of section 29800, subdivision (a)(1). As to count 1, it was alleged that defendant personally and intentionally used and discharged a firearm causing great bodily injury, within the meaning of section 12022.53, subdivisions (b), (c), and (d), and that he caused Johnson great bodily injury, within the meaning of section 12022.7, subdivision (a).2 As to counts 2, 3, and 4, the amended information further alleged that defendant personally used a semiautomatic firearm within the meaning of section 12022.5, subdivision (a). A jury found defendant guilty of counts 1, 2, 3, and 5, as charged, and not guilty of count 4. The jury found true the all firearm enhancement allegations except the…