People v. Burton CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The People’s amended complaint charged defendant with felony willful and grossly negligent discharge of a firearm (Pen. Code, § 246.3; count one) (statutory section citations that follow are to the Penal Code) and two counts of felony child endangerment (§ 273a, subd. (a); counts two & three). Defendant was held to answer following a preliminary hearing, and the amended complaint was ultimately deemed the information. The court denied defendant’s section 995 motion to dismiss all counts for insufficient evidence. Thereafter, on July 22, 2021, defendant resolved her case by pleading no contest to misdemeanor unlawful discharge of a firearm (§ 246.3), and in exchange, the trial court was to dismiss the remaining counts and then sentence defendant to one year informal probation, including the conditions that she complete a gun safety class and 10 child safety classes. She was also ordered to serve 90 days in county jail with credit for four days, which jail sentence was to be suspended if she successfully completed probation. The court sentenced defendant in accordance with this agreement, but did not affirmatively dismiss the remaining counts.…