People v. Felix CA3

FACTS AND HISTORY OF THE PROCEEDINGS

As set forth in our partially published opinion upholding defendant’s underlying conviction, defendant was convicted by jury of attempted murder (§§ 664, 187), assault with a deadly weapon (§ 245, subd. (a)(1)), and assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)). (People v. Felix (2019) 41 Cal.App.5th 177, 181 (Felix).) The trial court found true the enhancement allegations that defendant had been released from custody when he committed the assault with force count (§ 12022.1), had suffered a prior strike (§§ 667.5, subds. (b)-(i), 1170.12), and had suffered a prior serious felony conviction (§ 667, subd. (a)). (Felix, at pp. 181-182.) The trial court sentenced defendant to an aggregate prison term of 28 years and four months, comprised of: nine years for the attempted murder, doubled to 18 years because of the prior strike; one-third consecutive, doubled to two years for the assault with force count; five years for the prior serious felony enhancement; two years for the released from custody enhancement; and an additional one year, four months for being a felon in possession of a firearm from another case.…