People v. Crossley CA5

Filed 2/7/23 P. v. Crossley 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084585 Plaintiff and Respondent, (Super. Ct. No. VCF367716) v.

ROBERT LAMOUNT CROSSLEY, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Tulare County. Antonio A. Reyes, Judge. Matthew Aaron Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment following a plea of no contest and issuance of a certificate of probable cause, as prescribed by California Rules of Court, rule 8.304(b)(1) & (2). It is authorized by Penal Code1 section 1237.5. STATEMENT OF THE CASE On July 10, 2018, the Tulare County District Attorney charged appellant, Robert Crossley, with attempted murder (§ 664/187, subd. (a); count 1) and assault with a firearm (§ 245, subd. (a)(2); counts 2 & 3). As to each count, the complaint alleged that Crossley had suffered a prior strike conviction (§§ 1170.12, subd. (a)-(d), 667, subds. (b)- (i)) and a prior serious felony conviction (§§ 667, subd. (a)(1), 1192.7, subd. (c)). The complaint further alleged as to count 1 that Crossley personally used and intentionally discharged a firearm causing great bodily injury (§§ 12022.53, subds. (b)-(d)). As to counts 2 and 3, the complaint further alleged that Crossley personally and intentionally discharged a firearm during commission of each offense (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)(1)). On January 16, 2019, the court granted the district attorney’s request to orally amend the complaint, adding a charge for negligent discharge of a firearm (§ 246.3) and a great bodily injury enhancement (§ 12022.7, subd. (a).) A preliminary hearing was held the same day and Crossley was held to answer as charged in the orally amended complaint. Crossley was arraigned on the information on January 31, 2019. On June 25, 2019, the matter was referred to Wellpath for an evaluation under section 4011.6.

1 All statutory references are to the Penal Code unless otherwise stated.