People v. Cruz

Opinion

STEPHENS, J.

In counts I through III, defendant James Hernandez Cruz was charged by information with separate violations of Penal Code1 section 245, subdivision (a) (assault with a deadly weapon). Each of the above counts included an allegation that defendant used a firearm within the meaning of section 12022.5 in the commission of the assaults. In count IV of the information, defendant was charged with a violation of section 12021 (possession of a concealable firearm by a former felon). Count IV was based upon an alleged 1968 conviction of robbery. The information was later amended to…