P. v. Summerlin
Defendant and appellant Marcus Summerlin was charged with criminal threats (Pen. Code, 422, count 1),[1]assault with a semiautomatic firearm ( 245, subd. (b), count 2), burglary ( 459, count 3), and child abuse ( 273a, subd. (a), count 4). It was further alleged that, during the commission of counts 1, 3, and 4, defendant personally used a firearm within the meaning of sections 1203.06, subdivision (a)(1) and 12022.5, subdivision (a), which also caused the offenses to become serious and violent felonies under sections 1192.7, subdivision (c)(8) and 667.5, subdivision (c)(8). As to count 2, it was alleged that defendant personally used a firearm within the meaning of section 12022.5, subdivisions (a) and (d). In addition, it was alleged that defendant had served a prior prison term. ( 667.5.) A jury found defendant guilty as charged and found true the firearm enhancements as to each count. The People moved to dismiss the prior prison term allegation, and the court granted the motion. The court sentenced defendant to a total term of 23 years in state prison.
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