People v. Washington CA5

Filed 10/19/22 P. v. Washington 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081982 Plaintiff and Respondent, (Kern Super. Ct. No. BF165786A) v.

DENNIS WASHINGTON, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez, and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Poochigian, J. and Peña, J.

BACKGROUND1 In an amended information filed January 27, 2017, the Kern County District Attorney charged defendant Dennis Washington, Jr. with attempted first degree murder of Janette D. (Pen. Code, §§ 664, 187, subd. (a);2 189, subd. (a); count 1), attempted first degree murder of James D. (§§ 664, 187, subd. (a); 189; count 2), shooting at an inhabited dwelling (§ 246; count 3), assault with a firearm on Janette D. (§ 245, subd. (b); count 4), assault with a firearm on James D. (§ 245, subd. (b); count 5), and possession of a firearm as a felon (§ 29800, subd. (a)(1); count 6). The information also alleged that all six counts were committed for the benefit, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)); during the commission of counts 1 through 3, defendant intentionally and personally discharged a firearm (§ 12022.53, subd. (c)); in the commission of counts 4 through 6, defendant personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a).)3 Defendant’s first trial ended in mistrial. After defendant’s second trial, a jury convicted him on counts 4 and 6. The jury found the firearm (§ 12022.5, subd. (a)) and great bodily injury enhancements (§ 12022.7, subd. (a)) to count 4 true. The jury acquitted defendant on counts 1 and 3, as well as attempted voluntary manslaughter as a lesser included offense of count 1. The jury found the gang enhancement allegation (§ 186.22, subd. (b)) not true as to counts 4 and 6. The jury failed to reach a verdict on counts 2 and 5. The jury also failed to reach a verdict on discharge of a firearm “in a grossly negligent manner” (§ 246.3) as a lesser included offense of count 3, and a mistrial was declared as to those counts.4