People v. Villery CA2/8

BACKGROUND

On August 16, 2001, the People charged appellant by amended information with two counts of attempted willful, deliberate and premeditated murder in violation of sections 664 and 187, subdivision (a); one count of shooting at an occupied motor vehicle in violation of section 246; two counts of discharging a firearm with gross negligence in violation of section 246.3; and one count of first degree burglary in violation of section 459. The amended information also alleged, as to several of the counts, that appellant personally used a firearm, personally discharged a firearm, and inflicted great bodily injury within the meaning of sections 12022.53, subdivisions (b), (c), and (d); section 12022, subdivision (a)(1); and 12022.7, subdivision (a). On August 27, 2001, Villery entered a plea of no contest to one count of attempted murder and to the allegation that he personally discharged a firearm in connection with the attempted murder. He also pled no contest to first degree burglary and to the allegation that he personally used a firearm in connection with the first degree burglary. Based on the plea, the trial court found appellant guilty of the substantive counts and…