People v. Thornton CA1/3

Filed 2/4/26 P. v. Thornton CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A173681 v. DAVID THORNTON, (San Francisco City & County Super. Ct. No. CRI-21007765) Defendant and Appellant.

In 2021, David Thornton shot at a vehicle while the driver and a passenger were inside. The driver, Joseph G., had recently been involved in an altercation with Thornton, and the passenger, Eliza M., had dated Thornton and shared a child with him. The victims and another witness reported that Thornton shot multiple rounds at the vehicle before leaving the scene of the incident. The vehicle had bullet holes in the hood and windshield, and police officers found 18 spent shell casings at the scene. Thornton was located and arrested without incident. A felony complaint was filed charging Thornton with two counts of attempted murder (Pen. Code1, §§ 187, subd. (a), 664; counts 1 & 3), two counts of assault with a firearm (§ 245, subd. (a)(2); counts 2 & 4), and one count of discharge of a firearm at an occupied vehicle (§ 246; count 5). Counts

1 All further statutory references are to the Penal Code.

1

1 through 4 contained firearm enhancements (§§ 12022.5, subd. (a), 12022.53, subd. (c)). In 2025, the prosecution amended the complaint to add two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 6 & 7), each with an enhancement for personal use of a firearm (§ 12022.5, subd. (a)). On April 3, 2025, having waived his rights and as part of a negotiated plea, Thornton pled guilty to counts 6 and 7 (assault with a semiautomatic firearm) and admitted both corresponding allegations for personal use of a firearm in exchange for dismissal of the remaining counts. As part of the plea bargain, the parties agreed to imposition of a total sentence of 13 years and four months in prison, a 10-year criminal protective order as to each victim, and victim restitution. Thornton waived his right pursuant to People v. Arbuckle (1978) 22 Cal.3d 749 (Arbuckle) to have the same judge that took the plea also impose his sentence. On April 24, 2025, in accordance with the negotiated plea, the trial court sentenced Thornton to a total term of 13 years and four months in prison and dismissed counts 1 through 5. The sentence was comprised of 10 years on count 6 (the midterm of six years plus the midterm of four years for the firearm enhancement) and a consecutive term of three years and four months on count 7 (one-third of the midterm of six years plus one-third of the midterm of four years for the firearm enhancement). The court awarded Thornton 1,357 days of actual presentence custody credit, 202 days of local conduct credit, and 28 days of “Milestone” credit, for a total of 1,587 days. The court imposed, but permanently suspended, a restitution fine, court operations assessment, and court facilities assessment. It imposed a $300 parole revocation fine on each count, which was stayed pending successful completion of parole. Victim restitution was ordered in an amount to be