The People of the States of California v. David Bradshaw

San Diego, California, criminal defense lawyer represented the Defendant charged with assault with a semiautomatic firearm (Pen. Code,[1] § 245, subd. (b)), assault with a firearm (§ 245, subd. (a)(2)), and shooting at an occupied motor vehicle (§ 246).

Reported by Kent Morlan
The People charged Bradshaw with attempted murder (§§ 664, 187, subd. (a); count 1), kidnapping (§ 207, subd. (a); count 2), assault with a semiautomatic firearm (§ 245, subd. (b); count 3), assault with a firearm (§ 245, subd. (a)(2); count 4), and shooting at an occupied motor vehicle (§ 246; count 5). The information additionally alleged that Bradshaw discharged a firearm (§ 12022.53, subd. (c)) as to counts 1 and 2, that the victim was a person defined in Family Code section 6211 as to count 2 (§ 1203.097, subd. (a)), and that Bradshaw used a firearm as to counts 3 and 4 (§ 12022.5, subd. (a)).

Here, the greater offense, assault with semiautomatic firearm (§ 245, subd. (b)), includes all the elements of the lesser offense, assault with a firearm (§ 245, subd. (a)(2)). (People v. Martinez, supra, 208 Cal.App.4th at p. 199 ["A semiautomatic firearm assault cannot be committed without also committing a firearm assault."].)

The Defendant was found guilty.

A jury found Bradshaw not guilty of attempted murder and kidnapping, but convicted him of assault with a semi-automatic firearm, assault with a firearm, and shooting at an occupied motor vehicle. The jury also found true firearm enhancements as to the two firearm related offenses and in bifurcated proceedings, the court found true two aggravating factors. The trial court sentenced Bradshaw to three years for assault with a semiautomatic firearm plus four years for the firearm enhancement, three years for assault with a firearm plus four years for the firearm enhancement, and three years for shooting at an occupied motor vehicle.

Bradshaw's conviction for count 4, assault with a firearm, is reversed. In all other respects, the judgment is affirmed.