P. v. Tovar
On February 21, 2006, an information was filed in the Superior Court of Fresno County charging appellant Juan Orozco Tovar with count I, attempted murder (Pen. Code,[1] 664/187); count II, assault with a firearm ( 245, subd. (a)(2)); count III, ex-felon in possession of ammunition ( 12316, subd. (b)(1)); count IV, possession of a deadly weapon ( 12020, subd. (a)); count V, ex-felon in possession of a firearm ( 12021, subd. (a)(1)); and count VI, possession of marijuana for sale (Health & Saf. Code, 11359). As to count I, it was alleged appellant personally inflicted great bodily injury on the victim ( 12022.7, subd. (a)); inflicted great bodily injury or death as a result of discharging a firearm from a motor vehicle ( 12022.55); and personally and intentionally discharged a firearm which proximately caused great bodily injury or death ( 12022.53, subd. (d)). Appellant pleaded not guilty and denied the enhancements.
On May 1, 2006, the court granted the prosecutions motion to dismiss count VI, and appellants jury trial began. On May 3, 2006, the court granted the prosecutions motion to dismiss counts III and V. Appellant was found guilty of count I, attempted murder, count II, assault with a firearm, and count IV, possession of a deadly weapon, and the jury found the enhancements true.
On June 2, 2006, the court sentenced appellant as follows: count I, the upper term of nine years, with a consecutive term of 25 years to life for the section 12022.53, subdivision (d) enhancement, with the other enhancements stricken; count II, the upper term of four years, with the term and accompanying enhancements stayed pursuant to section 654; and count IV, the concurrent upper term of three years.
On July 28, 2006, appellant filed a timely notice of appeal.
The judgment is affirmed.
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