22 P. v. Bivens CA5
Appellant Jerry Lee Bivens was convicted of attempted premeditated murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a)); two counts of assault with a firearm (§ 245, subd. (a)(2)); shooting at an occupied motor vehicle (§ 246); and possession of a firearm by a felon (§ 29800, subd. (a)(1)). In addition, enhancement allegations were found true for the personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)) and the infliction of great bodily injury (§ 12022.7, subd. (a)). Bivens admitted he had suffered a prior strike conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and he had served four prior prison terms (§ 667.5, subd. (b)). He was sentenced to a prison term of life with the possibility of parole plus 23 years.
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