Garcia

Discussion. Further unspecified section references are to the Penal Code.

1 for discovery under the California Racial Justice Act of 2020 (Stats. 2020, ch. 317, § 1) (CRJA). In the published portion of this opinion, we conclude defendant was entitled to a reasonable continuance to prepare his motion for discovery under the CRJA. In the unpublished portion of this opinion, we conclude defendant is also entitled to resentencing under section 1170, subdivision (b). Accordingly, we will reverse the judgment and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was arrested after engaging in a physical altercation at his home with the partner of his sister, and then firing a semiautomatic handgun at one of the responding police officers. He was charged by information with nine felony counts, as follows: assault on a peace officer with a semiautomatic firearm (§ 245, subd. (d)(2), count one) plus firearm use enhancements (§§ 12022.53, subd. (b) and 12022.5, subds. (a) and (d)); exhibiting a deadly weapon to a police officer to resist arrest (§ 417.8, count two); assault with a semiautomatic firearm (§ 245, subd. (b), count three); assault by means…