People v. Suares CA2/4

BACKGROUND AND DISCUSSION

“[I]n October 2008, [appellant] pointed a loaded gun at someone and referred to a gang. He then drove away and was pursued by the police until he crashed and injured several people. [Appellant] fled the crash scene on foot and fought with officers who pursued him. Following his arrest, the police found cash and methamphetamine near

Undesignated statutory references are to the Penal Code.

2 [appellant], and found a handgun and ammunition in his car.” (Suares, supra, at p. 3.) In October 2009, appellant was charged with and later convicted by a jury of: (1) assault with a firearm (count 1; § 245, subd. (a)(2)); (2) evading an officer (count 2; Veh. Code, § 2800.2, subd. (a)); (3) resisting an officer (count 3; § 69); (4) transporting narcotics (count 4; Health & Saf., Code, § 11379, subd. (a)); (5) possession of firearm by felon (count 6; Health & Saf., Code, § 12021, subd. (a)(1)); (6) prohibited possession of ammunition (count 7; § 12316, subd. (b)(1)); (7) leaving the scene of an accident (count 8; Veh. Code, § 20002, subd. (a)); and (8) assault with semiautomatic firearm (count 9; § 245, subd. (b)). Appellant was sentenced in December 2016 to a…