P. v. Quintanilla
This case involves a tragic incident in which defendant Fidel Angel Quintanilla accidentally shot and killed a good friend while hunting quail on Jackrabbit Trail, off of Highway 60, in Riverside County.
Defendant appeals judgment entered after the jury found him guilty of negligent discharge of a firearm (count 2; Pen. Code, 246.3) and felon in possession of a firearm (count 3; 12021, subd. (e)). The jury also found true the allegations that defendant personally used a firearm in committing count 2 ( 12022.5, subd. (a)). The jury was unable to reach a verdict on count 1, involuntary manslaughter ( 192, subd. (b)). Defendant admitted two juvenile strike adjudications for negligent discharge of a firearm ( 246.3) and battery with serious bodily injury ( 243, subd. (d)). ( 667, subds. (c) & (e)(1) and 1170.12, subd. (c)(1).
The trial court sentenced defendant to a total prison term of 5 years 4 months; consisting of a two-year middle term, doubled to four years, for count 2, and a consecutive term of one year four months (one third the middle term) on count 3.
Defendant contends the trial court erred in allowing the prosecution to amend the information to add counts 2 and 3, and in giving misleading instructions on the burden of proof applied to the section 12021(e) offense. Defendant also contends the trial court erred in using defendants prior juvenile adjudications as a strike for purposes of sentencing defendant on count 2.
Court reject defendants contentions, with the exception the trial court committed sentencing error in using defendants prior juvenile adjudications as a strike. The trial court is accordingly instructed to reduce defendants sentence on count 2 to the two year base term. In all other respects, the judgment is affirmed.
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