Dept. No. 112 5/3/2013 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA, WILEY W. MANUEL COURTHOUSE PEOPLE OF THE STATE OF CALIFORNIA NO. 586938 COMPLAINT v. MASAYO SHINOHARA PFN: BJO388 CEN: 3325013 JEREMY ADRIAN PFN: BJO387 CEN: 3325012 Defendant(s). The Undersigned, being sworn says, on Information and belief, that JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: SHOOTING AT AN INHABITED DWELLING, a violation of section 246 of the PENAL CODE of California, in that said defendant(s) did willfully, unlawfully, and maliciously discharge a firearm at an inhabited dwelling house, occupied building, inhabited housecar and inhabited camper located at 1735 Highland Place, #32, Berkeley, California. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c) and a violent felony within the meaning of Penal Code section 667.5(c)." It is further alleged that, pursuant to Penal Code section 1203.095, there is a presumptive minimal jail time required if you are convicted of this charge. SPEC ALLEG - NOTICE OF STATE PRISON ELIGIBILITY- SERIOUS FELONY CLAUSE AS TO DEFENDANT JEREMY ADRIAN It is further alleged that the above offense is a serious felony within the meaning of Penal Code section 1192.7(c) and that pursuant to Penal Code section 1170(h)(3) an executed sentence for the offenses herein charged shall be served in the state prison. STATUS ALLEGATION/SERIOUS FELONY CLAUSE AS TO DEFENDANT JEREMY ADRIAN It is further alleged as to count one, that the above offense is a serious felony pursuant to Penal Code section 1192.7(c). USE OF FIREARM (12022.5) CLAUSE AS TO DEFENDANT JEREMY ADRIAN It is further alleged as to count one, that in the commission and attempted commission of the above offense, the said defendant JEREMY ADRIAN, personally used a firearm within the meaning of Penal Code section 12022.5(a) also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c)(8) and a violent felony within the meaning of Penal Code section 667.5(c)(8). SECOND COUNT The Undersigned further deposes and says on Information and belief, that said MASAYO SHINOHARA and JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: POSSESSION OF AN ASSAULT WEAPON , a violation of section 30605(a) of the PENAL CODE of California, in that said defendant(s) did unlawfully possess an assault weapon, to wit: SKS Assault Rifle. SPEC ALLEG - NOTICE OF STATE PRISON ELIGIBILITY CLAUSE AS TO DEFENDANT MASAYO SHINOHARA The defendant is hereby notified that the above felony offense is not governed by Penal Code section 1170(h) and that an executed sentence for the offenses herein charged shall be served in the state prison pursuant to Penal Code section 1170.1(a). SPEC ALLEG - NOTICE OF STATE PRISON ELIGIBILITY CLAUSE AS TO DEFENDANT JEREMY ADRIAN The defendant is hereby notified that the above felony offense is not governed by Penal Code section 1170(h) and that an executed sentence for the offenses herein charged shall be served in the state prison pursuant to Penal Code section 1170.1(a). THIRD COUNT The Undersigned further deposes and says on Information and belief, that said MASAYO SHINOHARA and JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: POSSESSION OF AN ASSAULT WEAPON , a violation of section 30605(a) of the PENAL CODE of California, in that said defendant(s) did unlawfully possess an assault weapon, to wit: Saig 12 gauge shotgun semi-auto with ability to accept detachable magazine. SPEC ALLEG - NOTICE OF STATE PRISON ELIGIBILITY CLAUSE AS TO DEFENDANT MASAYO SHINOHARA The defendant is hereby notified that the above felony offense is not governed by Penal Code section 1170(h) and that an executed sentence for the offenses herein charged shall be served in the state prison pursuant to Penal Code section 1170.1(a). SPEC ALLEG - NOTICE OF STATE PRISON ELIGIBILITY CLAUSE AS TO DEFENDANT JEREMY ADRIAN The defendant is hereby notified that the above felony offense is not governed by Penal Code section 1170(h) and that an executed sentence for the offenses herein charged shall be served in the state prison pursuant to Penal Code section 1170.1(a). FOURTH COUNT The Undersigned further deposes and says on Information and belief, that said MASAYO SHINOHARA and JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: POSSESSION OF AN ASSAULT WEAPON , a violation of section 30605(a) of the PENAL CODE of California, in that said defendant(s) did unlawfully possess an assault weapon, to wit: Saig 12 gauge shotgun semi-automatic with ability to accept detachable magazine. FIFTH COUNT The Undersigned further deposes and says on Information and belief, that said MASAYO SHINOHARA and JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: POSSESSION OF AN ASSAULT WEAPON , a violation of section 30605(a) of the PENAL CODE of California, in that said defendant(s) did unlawfully possess an assault weapon, to wit: Browning 22 caliber pistol. SIXTH COUNT The Undersigned further deposes and says on Information and belief, that said MASAYO SHINOHARA and JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: POSSESSION OF A SILENCER, a violation of section 33410 of the PENAL CODE of California, in that said defendant(s) did unlawfully possess a silencer as defined by Penal Code section 17210. It is further alleged, pursuant to Penal Code section 1203(e)(11), that probation shall not be granted except in an unusual case where the interests of justice would best be served. SEVENTH COUNT The Undersigned further deposes and says on Information and belief, that said MASAYO SHINOHARA and JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: IDENTITY THEFT, a violation of section 530.5(a) of the PENAL CODE of California, in that said defendant(s) did willfully and unlawfully obtain personal identifying information of CELENA GALICIA and used that information for an unlawful purpose and to obtain, and attempt to obtain, credit, goods, services, real property and medical and information in the name of CELENA GALICIA without consent. EIGHTH COUNT The Undersigned further deposes and says on Information and belief, that said MASAYO SHINOHARA and JEREMY ADRIAN did, in the County of Alameda, State of California, on or about April 30, 2013, commit a Felony, to wit: GRAND THEFT, a violation of section 484e(d) of the PENAL CODE of California, in that said defendant(s) acquired and retained possession of access card account information with respect to an access card validly issued to another person, without the cardholder's and issuer's consent, with intent to use it fraudulently. Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defendant’s counsel provide discovery to the People as required by Penal Code Section 1054.3. Complainant therefore prays that a warrant issue and that said defendant(s) be dealt with according to law. Subscribed and sworn to before me, Monday, May 6, 2013 ____________________________ MARK E. JACKSON Deputy District Attorney State Bar #173216 EOC Alameda County, California ________________________________________ /s/ Berkeley PD-13-23696