People v. Phothirath CA3

BACKGROUND

In 2003, a jury found defendant guilty of committing three crimes against a single victim: assault with a deadly weapon with force likely to cause great bodily injury, (§ 245, subd. (a)(1)—count one) with a true finding defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), attempted murder (§§ 664, 187, subd. (a)—count two) with a true finding defendant personally and intentionally discharged a firearm which caused great bodily injury or death (§ 12022.53, subds. (d) & (e)), and assault with a firearm (§ 245, subd. (a)(2)—count three), with a true finding defendant was armed with a firearm in the commission of the offense (§ 12022, subd. (a)(1)). The jury also found true gang enhancements as to all three counts (§ 186.22, subd. (b)(1)). The trial court sentenced defendant to an aggregate term of 14 years four months: the upper term of nine years for attempted murder, plus 25 years to life for the firearm enhancement, a consecutive one-year term for assault with a deadly weapon by force likely to cause great bodily injury, plus three years four months for the gang enhancement (one-third the midterm), plus one year for the great bodily injury…