People v. Larios CA5

BACKGROUND

Charges The Kern County District Attorney charged Larios with committing five crimes: attempted murder (Pen. Code,2 §§ 664 & 187; Count 1), assault with a firearm (§ 245, subd. (a)(2); Count 2), assault with a firearm (§ 245, subd. (a)(2); Count 3), illegally possessing a firearm (§ 29800, subd. (a)(1); Count 4), and illegally possessing ammunition (§ 30305, subd. (a)(1); Count 5). The charges included allegations Larios premeditated the attempted murder (§ 189), personally discharged a firearm causing great bodily injury (§§ 12022.53, subd. (d), 12022.5, subd. (a), & 12022.7, subd. (a)), and was previously convicted of a serious felony (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e), & 667, subd. (a).)

Because we will remand for a new sentencing hearing, Larios’s challenge to certain fines and fees imposed as part of the judgment is moot. He can raise his challenge in the trial court on remand. All statutory references are to the Penal Code.

2. Evidence The victim testified he was in a “sexual relationship” with Marlene Coffman. 3 Larios was also in a relationship with Coffman. On one occasion, Larios approached the victim in an alley and challenged him to a…