People v. Chilton CA3

Filed 10/27/15 P. v. Chilton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C076733

Plaintiff and Respondent, (Super. Ct. No. 13F00660, 13F01947) v.

SHARAYE LAKEVIN CHILTON,

Defendant and Appellant.

Following trial, the court found defendant Sharaye Lakevin Chilton guilty of willful discharge of a firearm at an inhabited dwelling, assault with a firearm with a personal gun use allegation (shooting at an inhabited dwelling), and willful discharge of a firearm in a grossly negligent manner that could result in injury (negligent discharge of a firearm) with an on-bail enhancement. Defendant appeals his conviction for negligent discharge of a firearm and the on-bail enhancement. He contends that because negligent discharge of a firearm is a lesser included offense of shooting at an inhabited dwelling, he

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could not be convicted of both offenses. The People concede this point. We will reverse the conviction for negligent discharge of a firearm. Defendant also contends that because he could not be convicted of negligent discharge of a firearm, the on-bail enhancement must also be stricken because it was only alleged as to that count. An on-bail enhancement, however, is a “status enhancement” that attaches to the sentence because of the status of the defendant, not to individual counts. Accordingly, we affirm the on-bail enhancement. I. BACKGROUND While released on bail in a separate case for attempted residential burglary (case No. 13F00660), defendant got into an argument with his girlfriend, Mariah Dixon, in front of the home where Dixon was living with her friends. He left, threatening to return later and “shoot at the house.” He made good on his threat, returned, and fired multiple shots into the home. The prosecution filed an amended information charging defendant with willful discharge of a firearm at an inhabited dwelling (Pen. Code, § 246— count one),1 assault with a firearm (§ 245, subd. (a)(2)— count two) with a personal gun use allegation (§ 12022.5, subd. (a))2, and willful discharge of a firearm in a grossly negligent manner that could result in injury (§ 246.3— count three) with an on-bail enhancement (§ 12022.1). As to count three and the on-bail enhancement, the information specifically alleged, “For a further and separate cause of action, being a different offense from but connected in its commission as the charges as set forth in Counts One and Two hereof: On or about March 17, 2013, . . . the defendant . . . did willfully and unlawfully discharge