People v. Kemp CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1 As J.B. was running away from defendant, defendant jumped out of a car and fired six shots at her. One of the shots hit J.B. in the foot. In recordings of jail phone calls, defendant then threatened to kill D.B. in an attempt to dissuade her from testifying as a witness against him as to his actions against J.B. Defendant also had previously been convicted for assault with a semiautomatic firearm. (Pen. Code, § 245.)1 Defendant pleaded no contest to attempted murder (§ 664/187, subd. (a)) and dissuading a witness (§ 136.1, subd. (b)(2)). He also admitted the allegation he personally used a firearm (§ 12022.53, subd. (b)) in committing the attempted murder and had sustained a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12). The parties agreed the remaining counts and allegations would be dismissed, two with a Harvey2 waiver. In accordance with the plea agreement, the trial court sentenced defendant to an aggregate term of 26 years in prison, as follows: the midterm of seven years on the attempted murder count,…