People v. Partida CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Partida with six counts: count 1—possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1))1; counts 2 and 3—resisting an executive officer (§ 69); count 4—possession of ammunition by a prohibited person (§ 30305, subd. (a)(1)); and counts 5 and 6—resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1)). The jury found Partida guilty on counts 1, 4, and 5, but the jury was unable to reach a verdict on counts 2, 3, and 6. The trial court found the jury was hopelessly deadlocked on the latter three counts and declared a mistrial as to those counts. The court imposed an aggregate term of two years in state prison, consisting of the middle term of two years for count 1; a concurrent two-year term for count 4; and a concurrent term of 124 days in county jail for count 5. B. Facts of the Offenses Partida shot himself in the buttocks with a pistol while he was at home. He admitted doing so when he testified in his defense at trial, and he admitted having ammunition in his possession. He further admitted he had previously been convicted of a felony. While Partida was in the…