Filed 12/22/05 P. v. Phaphonh CA5
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
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THE PEOPLE,
Plaintiff and Respondent,
v.
KHAMPHONH PHAPHONH,
Defendant and Appellant.
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F046150
(Super. Ct. No. F03904040-3)
O P I N I O N |
APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge.
Sylvia Koryn, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janis Shank McLean and David A. Rhodes for Plaintiff and Respondent.
-ooOoo-
On August 6, 2003, appellant Khamphonh Phaphonh was charged with assault with a firearm (Pen. Code, § 245, subd. (a)(2)[1]; counts 1 & 2); possession of a firearm by an ex-felon (§ 12021, subd. (a)(1); count 3); and discharge of a firearm with gross negligence (§ 246.3; count 4). The information also alleged as to counts 1 and 2 that appellant personally discharged a firearm (§ 12022.5, subd. (a)(1)).
A jury found appellant guilty of counts 1, 2, and 3, and found true the personal use allegations. The court sentenced appellant to a total term of seven years: three years on count 1, plus four years for the firearm use enhancement, and concurrent terms of three and two years on counts 2 and 3, respectively.
FACTS
Appellant and his girlfriend (Girlfriend) had been in a relationship for six or seven years, but they broke up in early 2003. On June 16, 2003, Girlfriend called appellant. Later that evening, appellant went to Girlfriend's apartment. Girlfriend and her friend (Friend) were visiting in the kitchen when appellant entered through the back door and walked into the kitchen. Appellant was wearing shorts and a T-shirt and, as far as Girlfriend could discern, he did not have any kind of weapon in his pockets. Appellant seemed excited, and Friend became nervous immediately. Appellant tried to kiss and hug Girlfriend and asked her to go home with him. When she refused, he got angry. He asked her to give him a ride to his mother's house or to give him her car keys. When she again refused, he got angrier and began calling her names. He told her if she did not take him back, he would â€
| Description | Criminal decision relating to a felon with a handgun. |
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