People v. Fauolo CA1/2

BACKGROUND

On November 5, 2019, Fauolo was convicted by a jury of assault with a semi-automatic firearm (Pen. Code, § 245, subd. (b))1 (count 2) and being a felon in possession of a firearm (§ 29820, subd. (b)) (count 6). The jury also found true enhancements as to count 2: the personal use of a firearm

1 Undesignated statutory references are to the Penal Code.

1 (§ 12022.5, subd. (a)) and personal infliction of great bodily injury (§ 12022.7, subd. (a)). The trial court also found true the allegation that Fauolo had a prior serious or violent felony conviction. (§§ 667, subds. (b)–(j), 1170.12.) On August 12, 2020, the court sentenced Fauolo to a total term of 24 years in state prison, calculated as follows: the middle term of six years on count 2, doubled pursuant to section 1170.12, subdivision (c)(1), plus the middle term of four years for the firearm enhancement, a three-year term for the great bodily injury enhancement, and a five-year term for the prior serious felony enhancement. The court also imposed, and stayed, a prison term of 16 months on count 6. Fauolo filed a timely notice of appeal.2 On April 23, 2021, the court resentenced Fauolo and dismissed the prior…