P. v. Cox
Following a court trial, appellant Stephen Ray Cox was convicted in count 1 of making criminal threats, in count 2 of assaulting his wife, Carla Cox, with a firearm and in count 3 of assaulting a peace officer, Hank Ramirez, with a firearm. (Pen. Code, 422; 245, subd. (b); 245, subd. (d)(2); 12021, subd. (a)(1).) The court found true section 12022.5 firearm use enhancement allegations that were attached to counts 1 and 2 and section 12022.53, subdivisions (b) and (c), firearm use enhancement allegations that were attached to count 3. ( 12022.5, subd. (a)(1); 12022.53, subds. (b) & (c).) Appellant pled no contest to the crime of illegally possessing a firearm (count 4). Appellant was sentenced to an aggregate term of 25 years imprisonment, calculated as the mitigated term of five years for count 3 plus a consecutive 20 year term for the section 12022.53, subdivision (c) enhancement. Concurrent terms of eight months each were imposed for counts 1, 2 and 4 and for a single count of possessing a controlled substance from a prior case. Two concurrent terms of one year and four months were imposed for the section 12022.5 enhancements. A 10 year term was imposed and stayed for the section 12022.53, subdivision (b), enhancement. Appellant challenges the sufficiency of the evidence supporting the assault convictions. Also, he contends that the prosecutor committed prejudicial misconduct during his rebuttal closing argument. Finally, he argues that the court erred by concluding that it lacked discretion to dismiss the section 12022.53 enhancements in the interests of justice. All of these arguments lack merit. Court affirm.
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