P. v. Hemsley CA4/2
James M. believed defendant and appellant David Hemsley was having an affair with his girlfriend. The two men engaged in a fistfight, leading to defendant firing two shots at James, one of which hit him in the chest.
Defendant appeals from judgment entered following jury convictions for unlawful possession of a firearm by a felon (Pen. Code, § 29800, subd. (a); count 2) , unlawful possession of ammunition by a felon (§ 30305, subd. (a)(1); count 3), and assault with a semiautomatic firearm (§ 245, subd (b); count 4). The jury also found true allegations that defendant personally used a firearm and inflicted great bodily injury (GBI) in the commission of the assault (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a), 12022.7, subd. (a)). The jury also found that defendant had a prior burglary conviction, which qualified as a strike and a prior serious felony enhancement (nickel prior) (§§ 667, subd. (a)(1), 1170.12).
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