P. v. Nerys
After a jury trial, defendant Thomas Anthony Nerys was convicted of one count of assault with a firearm on Johnathan Zane, one count of assault with a firearm on Gina Brown (Pen. Code, 245, subd. (a)(2); counts 1 & 2), and possession of a firearm by a felon (count 3). ( 12021, subd. (a)(1).) The jury also found true the allegations that counts 1 and 2 were serious and violent felonies ( 1192.7, subd. (c) & 667.5., subd. (c)), and that defendant personally used a firearm. ( 12022.5, subds. (a) & (d)) The jury also made a special finding as to count 3 that defendant possessed the following firearms: a .22-caliber revolver, a Browning semiautomatic shotgun, and a rifle.
Defendant contends the prosecutor engaged in illegal group bias by systematically excluding a cognizable group of people involved in a spiritual prison ministry. Court conclude that people who participate in a religious or spiritual prison ministry is not a cognizable group. Defendant also asserts the trial court abused its discretion in allowing testimony that defendant shot a pistol into a daybed because it was more prejudicial than probative. Court find the trial court did not abuse its discretion in admitting evidence of the prior uncharged act. Finally, Court agree with the parties that the abstract of judgment should be corrected to reflect that counts 2 and 3 run concurrent to count 1, and that the trial courts minute order and abstract of judgment should correctly reflect that defendant was sentenced to three years for count 2, four years for the personal use enhancement in count 2, and two years on count 3. In all other aspects however, Court find no error and affirm the judgment.
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