People v. Carr CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The People’s second amended information charged defendant with felony negligent discharge of a firearm (Pen. Code, § 246.3, subd. (a); count one; statutory

1 section citations that follow are found in the Penal Code unless otherwise stated ) and being a felon in possession of a firearm (§ 29800, subd. (a)(1); count two). The information further alleged defendant had suffered a prior strike (§§ 667 subds. (b)-(i), 1170.12), a prior serious felony conviction (§ 667, subd. (a)), and four prior prison commitments (§ 667.5, subd. (b)). At trial, the People presented evidence that on November 27, 2018, the ShotSpotter system alerted to gunshots in South Sacramento at three different times: 10:43 p.m., 11:03 p.m., and 11:32 p.m. The system triangulates gunfire and provides an approximate location of gunfire. When officers responded to the last alert, they saw a black Infinity sedan parked with one person in the driver’s seat and three people near the back of the car. As reflected in dashcam and bodycam footage played for the jury as well as officer testimony, once officers activated the overhead lights on the patrol car, the…