P. v. Rincon
Appellant Nelson Rincon was convicted by jury of assault with a firearm (count 1; Pen. Code, 245, subd. (a)(2))[1]; possession of a firearm by a felon with priors (count 2, 12021, subd. (a)(1)); possession of a controlled substance with a firearm (count 3; Health & Saf. Code, 11370.1, subd. (a)); and possession of a controlled substance (count 4; Health & Saf. Code, 11377, subd. (a)). As to count 1, the jury found true the allegation that appellant had personally used a firearm within the meaning of section 12022.5, subdivision (a). He admitted that he served a prior prison term pursuant to section 667.5, subdivision (b). The trial court sentenced appellant to state prison for a total term of eight years. It selected count 1 as the base term and imposed the mid term of three years, plus one year on count 3. It did not impose a sentence as to counts 2 and 4, because those offenses contained the same elements as counts 1 and 3. The court added a three year personal firearm use enhancement and one year for the prior prison term. Appellant claims the court erred by refusing to instruct on a lesser-included offense and by denying his motion under Faretta v. California (1975) 422 U.S. 806. Court affirm.
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