Cervantes

FACTS AND PROCEDURAL HISTORY

The Incidents and the Jury Trial Appellant was charged in a six count information stemming from two separate shooting incidents that occurred about six months apart.3 In both incidents, appellant’s motive for the shooting appeared to be over the victims’ alleged romantic pursuit of a woman appellant had dated. The jury ultimately convicted appellant for three of the charged counts and acquitted on the rest. He was convicted for assault with a semi-automatic firearm (§ 245, subd. (b) on count 2), possession of a firearm by a felon (§ 29800, subd. (a)(1) on count 4), and assault with a firearm (§ 245, subd. (a)(2) on count 5)—along with true findings on special enhancements for personal use of a firearm (§ 12022.5, subd. (a) attached to counts

SB 620 applies retroactively to convictions that are not final. (People v. K.P. (2018) 30 Cal.App.5th 331, 339.)

All undesignated statutory references are to the Penal Code. We abbreviate the facts concerning appellant’s crimes as they are not pertinent to this appeal.

2 2 and 5) and personal infliction of great bodily injury (§ 12022.7, subd. (a) on counts 2 and 5). The jury acquitted…