P. v. Lopez CA4/1
Bryan Medina Lopez was convicted in a court trial of discharging a firearm in a grossly negligent manner, a felony (Pen. Code, § 246.3, subd. (a); count 1); misdemeanor possession of a high capacity magazine (§ 32310, subd. (c); count 2); possession of an assault weapon (§ 30605, subd. (a); count 3); and carrying a loaded firearm, a misdemeanor (§ 25850, subd. (a); count 4).
At sentencing the court denied a defense motion to reduce counts 1 and 3 to misdemeanors in order to assist Lopez in avoiding the immigration consequences of felony firearm convictions. The court suspended the imposition of sentence and granted Lopez probation on various terms and conditions, including 365 days in custody. Lopez filed a timely notice of appeal.
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