P. v. Hanby CA4/1
A jury convicted defendant Mike Alan Hanby of four counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and determined that he personally used a firearm in connection with those assaults. (§ 12022.5, subd. (a).) The jury also found he was guilty of numerous other counts and that other special allegations were true. All of the charges arose from an incident in which he armed himself with three loaded firearms, went to a store and took merchandise valued at nearly $2,000, then pointed a gun at four unarmed employees who came out to confront him about the theft. When police gave chase trying to apprehend him, he evaded them for several miles while failing to stop at red lights and stop signs before finally surrendering.
Hanby contends the trial court abused its discretion (1) when it failed to find this was an unusual case warranting probation, and (2) when the court sentenced Hanby to 11 years in prison for his numerous felony convictions.
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