P. v. Ayala
Reinaldo Ayala appeals from a judgment entered following his no contest plea to count 1, discharging a firearm with gross negligence (Pen. Code, 246.3, subd. (a)), count 2, possession of a firearm by a felon (Penal Code, 12021, subd. (a)(1)) and his admission that he suffered a prior conviction for negligently discharging a firearm, a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)) and served three prior prison terms within the meaning of Penal Code section 667.5. He was sentenced to prison for four years, consisting of in count 1, the midterm of two years, doubled by reason of his prior strike. Sentence on count 2 was stayed pursuant to Penal Code section 654. He contends the evidence was insufficient to establish that his prior conviction for negligent discharge of a firearm involved the personal use of a deadly weapon so as to qualify as a serious felony within the meaning of the Three Strikes law. For reasons stated in the opinion, Court affirm the judgment.
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