People v. Brooks CA3

BACKGROUND

In 2012, a jury found defendant guilty of assault with a firearm (Pen. Code, § 245, subd. (a)(2));1 discharging a firearm in a grossly negligent manner (§ 246.3); possession of a firearm by a convicted felon (former § 12021, subd. (a)); misdemeanor criminal threat (§ 422); and misdemeanor vandalism. (§ 594, subd. (a).) As to the assault count, the jury also found true an allegation defendant personally used a firearm. (§ 12022.5, subd. (a).) The trial court found defendant had three prior serious felony convictions. (§§ 667, 1170.12.) The court proceeded to sentence defendant to an aggregate term of 29 years four months, comprised of: eight years for the assault count (the upper term, doubled), plus 10 years for the firearm enhancement; 16 months for the possession of a firearm count (one-third the midterm, doubled), five years for each of the prior serious felony convictions, with one of the sentences stayed under section 654; and time served for the two misdemeanor counts. The court stayed the sentence on the discharging a firearm in a grossly negligent manner count.2 In 2021, the Secretary of the CDCR (Secretary) sent a letter to the trial court recommending the…