P. v. McFearson 1/7/08 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F051882

Case Date: 04/09/2008

Preview:Filed 1/7/08

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F051882 Plaintiff and Respondent, (Super. Ct. No. BF114516A) v. DAVID MCFEARSON, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Kern County. Richard J. Oberholzer, Judge. Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stan Cross and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, only the Introduction, part IV.A. of the Discussion, and the Disposition are certified for publication.

*

INTRODUCTION David McFearson was convicted of various crimes arising from two shootings in which he was involved. He was sentenced to a determinate prison term of 14 years 4 months, and a consecutive indeterminate prison term of 25 years to life, based primarily on his conviction for using a firearm to cause great bodily injury during an attempted murder. (Pen. Code,

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