People v. Zepeda CA5

STATEMENT OF THE CASE

The Madera County District Attorney filed a fourth amended information charging Zepeda with five crimes as follows: attempted carjacking (Pen. Code, §§ 664/215, subd. (a); count 1), robbery (§ 211; count 2), assault with a firearm (§ 245, subd. (a)(2); count 3), criminal threats (§ 422; count 4), and possession of a firearm by a prohibited person (§ 29800, subd. (a)(1); count 5). The offenses in count 1 through 4 were alleged to have been committed against the same victim, F.2 The information further alleged as to counts 1 and 2 that Zepeda personally used a firearm (§§ 12022.5, subd. (a)(1), 12022.53, subd. (b)). As to counts 1 through 3, it was further alleged Zepeda personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). As to count 4, it was further alleged Zepeda personally used a firearm

All statutory references are to the Penal Code. We will refer to the male victim, F., and a female witness, R., by their first initials to protect their identities.

2. (§ 12022.5, subd. (a)). As to counts 1 through 4, it was further alleged Zepeda had suffered two prior serious felony convictions (§ 667, subd. (a)(1)). In association…