People v. Berry CA2/5

I. INTRODUCTION

A jury convicted defendant, Raymond Glen Berry, of: firearm assault (Pen. Code, § 245, subd. (a)(2))1 (count 2); first degree burglary (§ 459) (count 3); child abuse (§ 273a, subd. (a)) (count 5); firearm and ammunition possession by a felon (§§ 29800, subd. (a)(1), 30305, subd. (a)(1)) (counts 6 and 7); and semiautomatic firearm assault (§ 245, subd. (b)) (count 8). The jury further found, as to counts 2 and 3, that defendant personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).) And, as to counts 2 through 5 and 8, the jury found defendant personally used a handgun. (§ 12022.5, subd. (a).) The trial court found defendant had previously sustained two prior convictions within the meaning of sections 667, subdivision (a)(1) and 1170.12, subdivision (b). In addition, the trial court found that defendant had served two prior prison terms. Defendant was sentenced to 25 years to life in state prison plus 17 years. We modify the judgment and, upon remittitur issuance, the trial court is to recompute defendant’s presentence credits.

II. THE EVIDENCE

On April 19, 2012, Eric Kennon lived with Adrian Sims. Ms. Sims was the mother of Mr. Kennon’s…