People v. Gordon CA3

Filed 12/15/22 P. v. Gordon CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C094720

Plaintiff and Respondent, (Super. Ct. No. 19FE008926)

v.

FRED GORDON,

Defendant and Appellant.

Sentenced to 12 years four months in prison for three felony convictions related to possessing a handgun and discharging it from a car, defendant Fred Gordon argues: (1) the trial court abused its discretion by allowing the prosecution to reopen its case to present additional evidence; (2) his 16-month sentence for being a felon in possession of a firearm should be stayed under Penal Code section 6541 or, alternatively, the court

1 Undesignated section references are to the Penal Code.

1

erroneously believed it lacked the authority to impose concurrent sentences; and (3) recent ameliorative changes to triad sentencing guidelines warrant resentencing. Finding merit in the last contention, we will remand for resentencing and otherwise affirm the convictions. BACKGROUND The prosecution charged defendant with grossly negligent discharge of a firearm (§ 246.3—count one); discharging a firearm from a motor vehicle (§ 26100, subd. (d)— count two); and possession of a firearm by a felon. (§ 29800, subd. (a)(1)—count three.) The prosecution also alleged defendant had a prior robbery conviction (§ 211) that was a prior serious felony (§ 667, subd. (a)) and a prior strike. (§§ 667, subds. (b)-(i), 1170.12.) At trial, the prosecution introduced “selfie” videos showing defendant riding in the passenger seat of a car, brandishing a handgun with a teal-colored frame. In one video, defendant holds his right arm outside the car window. Although the gun cannot be seen in the video, a bang can be heard and a flash seen. Earlier that day, defendant sent a text message stating he was “finna go shoot the hamma,” slang for going to shoot a gun. Shortly after the video was recorded, defendant sent the video to another person and sent text messages affirming he was “shooting it” and stating he was “finna go get hollows,” slang for acquiring hollow point bullets. A detective opined defendant was using a real handgun based on its appearance and the apparent “muzzle flash” and “shot sound” in the video. Additionally, the police department’s gunshot detection technology, which triangulates the location of loud sounds using multiple sensors placed at various locations, recorded an apparent gunshot in South Sacramento at a time corresponding to the timestamp on the video—April 6, 2019, at approximately 11:55 p.m. Finally, a “very similar” operable handgun that was the same “unique color” was found with defendant’s acquaintances about five months after the video was recorded.