Agosta v. Astor

Defendant John Mose Caudillo appeals after conviction, by jury trial, of one count of shooting at an occupied motor vehicle (Pen. Code, § 246) and two counts of assault with a firearm (§ 245, sud. (a)(2)). The jury found true allegations that defendant personally used a firearm (§ 12022.5, subd. (a)(1)) in committing both assault counts, but found untrue allegations that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)). The trial court found true allegations that defendant had one prior serious felony conviction (§ 667, subd. (a)), one "strike" (§ 667, subds. (b)-(i)) and two prior prison terms (§ 667.5, subd. (b)). Defendant was sentenced to a 16-year prison term.