P. v. Guzman CA4/2
A jury convicted defendant and appellant Jose Pilar Flores Guzman of making criminal threats (Pen. Code, § 422, count 2) and assault with a semiautomatic firearm (§ 245, subd. (b), count 3). As to count 2, the jury also found true the allegation that defendant personally used a firearm. (Former §§ 12022.5, subd. (a), 1192.7, subd. (c)(8).) The trial court sentenced him to a total term of six years in state prison, consisting of two years on count 2, plus a consecutive four years on the firearm enhancement. The court stayed the sentence on count 3, pursuant to section 654.
On appeal, defendant contends that: (1) there was insufficient evidence to support the conviction for assault with a semiautomatic firearm; (2) the case should be remanded for the court to exercise its discretion to strike or dismiss the firearm enhancement pursuant to the recent amendment to section 12022.5; and (3) the two protective orders that were issued pretrial should be stricken. The People conce
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