P. v. Gaddis CA3
Defendant Justice Gaddis was sentenced to 14 years in prison after a jury found him guilty of assault with a firearm and being a felon in possession of a firearm. The jury also found defendant personally used a firearm within the meaning of section 12022.5, subdivision (a)(1). On appeal, he contends: (1) there was insufficient evidence to support imposing a gang enhancement on his conviction of being a felon in possession of a firearm, (2) the trial court abused its discretion when it sentenced him to the upper prison term for assault with a firearm and a consecutive upper term for a firearm enhancement, and (3) remand is necessary for the court to exercise its discretion as to whether to strike his firearm enhancement under the recent amendment to section 12022.5. We disagree that insufficient evidence supported the gang enhancement and disagree that the court abused its discretion when sentencing him to the upper term for assault with a firearm.
Comments on P. v. Gaddis CA3