P.

FACTS

A. Background After a jury trial in 1996, defendant was convicted of carjacking (Pen. Code, § 215, subd. (a)1) and assault with a firearm (§ 245, subd. (a)). As to each count, the jury found true that defendant used a firearm (§ 1203.06, subd. (a)(1), 12022.5, subd. (a)), discharged a firearm at an occupied vehicle (former § 12022.5, subd. (b)(1)), and

1 All further unspecified statutory references are to the Penal Code.

1 inflicted great bodily injury(§ 12022.7, subd. (a)) on the carjacking victim. After a bench trial, the trial court found true that defendant had suffered a prior strike conviction for first degree robbery (§§ 667, subd. (a), 1170.12, subd. (c)(1), and had served a prior prison term for a burglary conviction within the meaning of section 667.5, subdivision (b). Defendant was sentenced on April 28, 1997, to an aggregate term of 36 years, consisting of nine years (aggravated term) for carjacking, doubled for a prior strike conviction, plus consecutive terms of 10 years (aggravated term) for weapon enhancement (§ 12022.5, subd.(a)), five years for a prior serious felony conviction, and three years for great-bodily-injury enhancement. The court also…