People v. Flores CA5

FACTS AND PROCEEDINGS

The underlying facts of this matter are fully set forth in our prior opinion and we need not repeat them here. (See People v. Flores (May 21, 2018, F071678) [nonpub. opn.].) We will, however, outline the procedural history of the case for context. Flores was convicted, by a jury, of six felonies and one misdemeanor, in the Kern County Superior Court: attempted murder, with enhancements of deliberation and premeditation and personal use of a firearm (count 1; §§ 664/187, subd. (a), 12022.5, subd. (a)); assault with a firearm (count 2; § 245, subd. (a)(2)); two counts of shooting at an inhabited dwelling house (counts 3 and 4; § 246); discharging a firearm in a grossly

Undesignated statutory references are to the Penal Code.

2. negligent manner (count 5; § 246.3, subd. (a)); receipt of stolen property (i.e., the firearm at issue), a misdemeanor (count 8; § 496, subd. (a)); and possession of a firearm by a felon (count 9; § 29800, subd. (a)(1).) In a bifurcated proceeding, the court found true sentence enhancements alleging that Flores had suffered a prior conviction that constituted both a serious felony prior and a strike prior. (§§ 667, subds. (a),…