People v. Bellows CA3

I. BACKGROUND

An amended information filed March 16, 2015, charged defendant DeJohn Ernest Bellows with three counts of attempted murder (counts 1-3—Pen. Code, §§ 664/187)1 and two counts of assault with a firearm (counts 4 & 5—§ 245, subd. (a)(2)). As to counts 1 through 3, the information alleged that the crimes were premeditated (§ 664, subd. (a)) and serious felonies (§ 1192.7, subd. (c)), and that defendant intentionally and personally discharged a firearm (§ 12022.53, subd. (c)). As to counts 4 and 5, the information alleged that the crimes were serious and violent felonies (§§ 667.5, subd. (c)(8), 1192.7, subd. (c)(8)), and that defendant personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)(1)). As to all counts, the information alleged a prior strike. (§ 667, subds. (b)-(i).) A jury convicted defendant of assault with a firearm (count 4) and found the firearm use enhancement true as to that count; the jury deadlocked on the remaining counts. Defendant waived jury trial on the prior strike, which the trial court found true in a bifurcated proceeding. The evidence at trial showed the following: In December 2012, Chad Ingram (the alleged victim in…