P. v. Collins
Filed 1/10/07 P. v. Collins CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. GERALD V. COLLINS, Defendant and Appellant. | C050557 (Super. Ct. No. 05F01814) |
A jury found defendant Gerald V. Collins guilty of being a convicted felon in possession of a firearm, carrying a concealed firearm, and carrying a loaded firearm. (Pen. Code, §§ 12021, subd. (a)(1), 12025, subd. (b)(6), 12031, subd. (a)(2)(F); further section references are to the Penal Code unless otherwise specified.) The jury also convicted him of assault with a semiautomatic firearm and found he personally used the firearm and caused great bodily injury in the commission of the offense. (§§ 245, subd. (b), 12022.5, subd. (a), 12022.7, subd. (a).) He was acquitted of discharging a firearm with gross negligence. (§ 246.3.) Finding that defendant had a prior conviction for a serious felony and had served a prior prison term (§§ 667, subds. (a), (b)-(i), 667.5, subd. (b), 1170.12), the trial court sentenced him to an aggregate term of 25 years in state prison.
On appeal, defendant contends that his conviction for assault with a firearm is not supported by substantial evidence and that it also must be reversed due to instructional errors. We disagree and shall affirm the judgment.
FACTS
Dorinda Quintanilla is defendant's mother. On February 28, 2005, she met defendant and his girlfriend, Kara Delozier, at an Arco AM/PM because she believed that defendant and Delozier wanted to borrow some money.
Upon arriving at the AM/PM, Quintanilla got into the front passenger seat of Delozier's vehicle. Defendant was in the driver's seat, and Delozier was in the back with her two sons. Quintanilla kneeled on the seat and leaned into the back to play with the youngest child.
Defendant and Delozier were talking, and Quintanilla believed that an argument â€
