P. v. Joaquin CA1/5
On March 21, 2017, Appellant fired a shotgun at the victim from a distance of about 60 feet. He was charged by felony complaint with three counts: premeditated attempted murder with an allegation that he personally and intentionally discharged a firearm (§§ 187, subd. (a), 664, 12022.53, subd. (c)), possessing a firearm having been previously convicted of a felony (§ 29800, subd. (a)(1)), and assault with a firearm (§ 245, subd. (a)(2)). The complaint also included a firearm use allegation and a prior prison term allegation. (§§ 12022.5, subd. (a), 667.5, subd. (b).) The prior prison term was based on a conviction for infliction of corporal injury on a spouse or cohabitant (§ 273.5).
Appellant entered into a plea agreement that called for him to plead no contest to attempted murder without premeditation and to admit a firearm use allegation under section 12022.5, subdivision (a) and a prior prison term under section 667.5, subdivision (b).
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