People v. Guzzardo CA5

Filed 8/28/24 P. v. Guzzardo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087251 Plaintiff and Respondent, (Super. Ct. No. BF190650A) v.

ALEXANDER GUZZARDO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Tiffany E. Organ-Bowles, Judge. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This is an appeal from a final judgment of conviction following a jury trial that disposes of the issues between the parties. (Pen. Code,1 § 1237, subd. (a).) STATEMENT OF THE CASE On October 23, 2023, the Kern County District Attorney alleged in an amended information that Guzzardo committed the crimes of felon in possession of a firearm (§ 29800, subd. (a)(1); count 1) and felon in possession of ammunition (§ 30305, subd.(a)(1); count 2). The prosecution also alleged factors in aggravation for having numerous and increasingly serious convictions (Cal. Rules of Court,2 rule 4.421(b)(2)), service of a prior prison term (rule 4.421(b)(3)), and that Guzzardo was on supervision when the crime was committed (rule 4.421(b)(4)). On October 26, 2023, a jury found Guzzardo guilty on counts 1 and 2. On the prosecution’s motion, the trial court dismissed the prior prison term allegation. The court found the remaining allegations proven as to counts 1 and 2. On November 29, 2023, the trial court sentenced Guzzardo to serve 12 years and four months, consisting of eight months (one-third mid term) on each of counts 1 and 2, consecutive to eight months (one-third mid term) for second-degree burglary (count 1) in case No. BF171521A, three years for carrying a loaded firearm (count 4) in case No. BF168879A, eight months (one-third mid term) for receipt of stolen property (count 2) in case No. BF169244B, eight months (one-third mid term) for possession of a controlled substance (count 1) in case No. BF166973B, and six years for three two-year section 12022.1 on-bail enhancements in case No. BF171521A.3