P. v. Caballero
Alfred Caballero was convicted by jury of elder abuse (Pen. Code, 368, subd.(b)(1); count 1), assault with firearm ( 245, subd. (a)(2); count 2), and felon in possession of firearm ( 12021, subd. (a)(1); count 3). The jury also found that during the commission of the crimes in counts 1 and 2, appellant personally used a firearm ( 12022.5, subd. (a)(1)). He was sentenced to prison for a total term of seven years and eight months, consisting of the midterm of three years plus the four-year midterm on the use enhancement on count 1, and eight months, or one-third the midterm on count 3.
Appellant contends: (1) It was prejudicial error for the court to admit evidence that he fired a rifle five previous times to scare the victim; and (2) the evidence is insufficient to support his convictions for elder abuse (count 1) and assault with a firearm (count 2). Court find the contentions to be without merit and affirm the judgment.
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