People v. McGee CA3

BACKGROUND

A jury found defendant guilty of assault with a firearm under section 245, subdivision (a)(2). In a separate proceeding, the jury further found true that defendant personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)) and inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). The facts of the offense and trial are not relevant to the legal issues raised by this appeal other than the undisputed fact that defendant was 24 years old at the time of the offense. On August 22, 2022, the trial court sentenced defendant to six years in prison. In its tentative ruling, the trial court explained it intended to impose the middle term of three years for the assault with a firearm conviction (§ 245, subd. (a)(2)) and an additional three years for the great bodily injury enhancement (§ 12022.7, subd. (a)).2 As to aggravating circumstances, the court noted defendant’s crime involved great violence, great bodily injury and other factors disclosing a high degree of cruelty, viciousness, and callousness (Cal. Rules of Court, rule 4.421(a)(1)); defendant was armed with and used a firearm at the time of the commission of the crime (Id.,…