P. v. Brown CA3
A jury convicted defendant Jimmy Wayne Brown of negligent discharge of a firearm (Pen. Code, § 246.3), criminal threats (§ 422), being a felon in possession of a firearm (§ 29800, subd. (a)(1)), and animal abuse (§ 597, subd. (a)) with two strikes (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2)) and a personal use of a firearm enhancement (§ 12022.5, subd. (a)(1)) on the animal abuse count. The trial court sentenced defendant to 25 years to life plus four years for the firearm enhancement.
Defendant now contends (1) his prior Colorado murder conviction cannot support a strike allegation because it does not constitute a serious or violent felony under California law; (2) the matter should be remanded to allow the trial court to exercise its discretion regarding whether to strike the firearm enhancements; and (3) a firearm enhancement cannot be applied to his three strikes sentence.
Comments on P. v. Brown CA3