People v. Garcia CA5

BACKGROUND

On May 15, 2018, the Fresno County District Attorney filed an amended information charging defendant with possessing a firearm as a felon (count 1; Pen. Code, § 29800, subd. (a)(1)),1 possessing ammunition as a person prohibited from owning a firearm (count 2; § 30305, subd. (a)(1)), making a criminal threat (count 3; § 422), drawing or exhibiting a firearm (count 4; § 417, subd. (a)(2).) The information further alleged defendant had previously suffered three prior strike convictions (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and three prior serious felony convictions (§ 667, subd. (a)(1).) Defendant was initially represented by a public defender, but he was later appointed conflict counsel. A jury convicted defendant of counts 1 and 2 and acquitted him of counts 3 and 4. Defendant admitted the three strike priors. On count 1, the court sentenced defendant to the middle term of two years, doubled to four years pursuant to section 667, subdivision (e)(2)(C). On count 2, the court sentenced defendant to a concurrent middle term of two years, doubled to four years. The court reduced defendant’s fine under section 1202.4 from $1,200 to $300 “in light of the…