P. v. Segura
Filed 6/8/06 P. v. Segura CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. SALVADOR SEGURA, JR., Defendant and Appellant. |
F047667
(Super. Ct. No. VCF131111)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Darryl B. Ferguson, Judge.
Joshua G. Wilson, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Daniel B. Bernstein, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
After a bench trial, the court convicted appellant, Salvador Segura, Jr., of possessing a loaded firearm in public (Pen. Code, § 12031, subd. (a)(1))[1] and found true allegations that he committed the offense for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)). On March 1, 2005, the court placed Segura on probation for five years on condition that he serve one year in local custody. On appeal, Segura contends the evidence is insufficient to sustain his conviction for possessing a loaded firearm. We will reverse.
FACTS
On July 24, 2004, Tulare County Sheriff's Deputy Gregory Merrill was dispatched to investigate a report of loud music at a house located at 24190 Road 224 in an unincorporated area of Tulare County northeast of Lindsay. After parking his patrol car, Deputy Merrill saw Segura standing by the driver's side, front wheel of a Mercury Cougar that was parked perpendicular to the roadway with its front end away from the road. As Merrill got out of the car, he saw Segura throw a white plastic sack over his right shoulder. Merrill retrieved the sack and found that it contained seven live .38 caliber rounds. He also searched the area and found a loaded .38 caliber revolver on the ground behind the tire where Segura was standing. Other prosecution evidence established that Segura was a member of a Lindsay gang, that the party was attended mainly by gang members, and that Segura possessed the gun to benefit his gang.
DISCUSSION
Segura contends the evidence is insufficient to sustain his conviction for possessing a loaded firearm in violation of Penal Code section 12031, subdivision (a)(1) because the evidence failed to show that he possessed the gun in an incorporated city or a prohibited area of unincorporated territory. We agree.
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