P. v. Downs CA4/2
On May 24, 2017, a second amended information charged defendant and appellant Joseph Franklin Downs with second degree burglary under Penal Code sections 211 and 212.5, subdivision (c) (count 1), and possession of a firearm by a felon under section 29800, subdivision (a)(1) (count 2). As to count 1, the information also alleged that defendant personally used a firearm, to wit, a shotgun, causing the offense to become a serious and violent felony under sections 667.5, subdivision (c)(8), 1192.7, subdivision (c)(8), and 12022.53, subdivision (b). The information further alleged that defendant had suffered (1) a prior conviction, which was both a strike (§§ 667, subs. (b)-(i); 1170.12, subds. (a)-(d)) and a serious felony (§ 667, subd. (a)(1)); and (2) four prison prior convictions (§ 667.5, subd. (b)).
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