People v. Clay CA2/4

INTRODUCTION AND PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging defendant and appellant Tyeshon T. Clay with attempted murder (Pen. Code,1 §§ 664/187; count one), arson of an inhabited structure (§ 451, subd. (b)), and arson causing great bodily injury (§ 451, subd. (a)). The information further alleged Clay personally inflicted great bodily injury in the commission of counts one and two (§ 12022.7, subd. (e)), personally used a deadly or dangerous weapon in the commission of counts one through three (§ 12022, subd. (b)(1)), sustained two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (d)), and sustained two prior serious felony convictions (§ 667, subd. (a)(1)). The jury found Clay guilty on counts one and three, and acquitted him on count two. It also found he personally used a deadly or dangerous weapon in the commission of counts one and three, and personally inflicted great bodily injury in the commission of count one. At a bifurcated court trial, Clay admitted he sustained a prior strike conviction. The trial court sentenced Clay to 29 years in state prison, consisting of an upper term of 9 years on count…