People v. Rodriguez

Opinion

KENNARD, J. —

A jury convicted defendant of three counts of assault with a firearm. (Pen. Code, § 245, subd. (a)(2).) As to each count, the jury found to be true two sentence enhancement allegations: that defendant personally used a firearm (§ 12022.5, subd. (a)), and that the assault was a “violent felony” committed to benefit a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced defendant to prison for a total of 22 years and eight months. That sentence included 18 years and eight months for the two sentence enhancements.

The Court of Appeal, in a two-to-one…