People v. Woods CA2/4

Filed 9/1/16 P. v. Woods CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B264691

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA422489) v.

COREY WOODS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Remanded in part; Affirmed in part. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant Corey Woods of three counts (2, 4, and 7) of attempted murder (Pen. Code, §§ 664/187, subd. (a)), three counts (1, 3, and 6) of assault with a firearm on the same victims (§ 245, subd. (a)(2)), and one count (5) of unlawful possession of a firearm (§ 29800, subd. (a)(1)).1 In each attempted murder count, the jury found that the crime was willful, deliberate, and premeditated (§ 664, subd. (a)) and that defendant used a firearm under the applicable alleged provisions of section 12022.53 (in count 2, subds. (b), (c), and (d); in counts 4 and 7, subds. (b) and (c)). In one attempted murder count (count 2), the jury also found that defendant inflicted great bodily injury (§ 12022.7, subd. (a)). In the assault with a firearm count, the jury found that defendant used a firearm (§ 12022.5) and in one count (count 1) that he inflicted great bodily injury (§ 12022.7, subd. (a)). In a bifurcated proceeding, the trial court found true that defendant had a prior conviction for a strike offense under the “Three Strikes” law (§§ 667, subd. (d), 1170.12, subd. (b), 1170, subd. (h)(3)) and for a prior serious felony (§ 667, subd. (a)(1)), and had served a prior prison term (§ 667.5, subd. (b).) The court sentenced defendant to state prison for 122 years to life on the attempted murder counts, calculated as follows. As to count 2, the court imposed a sentence of 44 years to life: the seven-year minimum term, doubled under the Three Strikes law to 14 years, plus 25 years to life for the section 12022.53, subdivision (d) finding, plus five years for the serious felony convictions (§ 667, subd. (a)(1)). On count 4, the court sentenced appellant to 39 years to life: 14 years to life (doubling the 7-year minimum term under Three Strikes law), plus 20 years for the section 12022.53, subdivision (c) finding, plus five years for the serious felony conviction (§ 667, subd. (a)(1)). On count 7, the court imposed 39