P. v. Maldonado CA5
A jury convicted appellant George Luis Maldonado of assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 1), possession of cocaine (Health & Saf. Code, § 11350; count 4), possession of methamphetamine (Health & Saf. Code, § 11377; count 5), a misdemeanor, hit and run (Veh. Code, § 20002, subd. (a); count 6), and two counts of possession of a firearm by a felon (§ 29800, subdivision (a)(1); counts 2 & 3). In a separate proceeding, the jury found true a personal use of a firearm enhancement (§ 12022.5) in count 1, a prior prison term enhancement (§ 667.5, subd. (b)), a serious felony enhancement (§ 667, subd. (a)), and allegations that Maldonado had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(c)).
On appeal, Maldonado contends the matter should be remanded to the trial court for it to exercise its discretion whether to strike his firearm enhancement and his serious felony enhancement.
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