THE PEOPLE v. ROBERT
Filed 6/20/06; part. pub. order 7/20/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ROBERT ANTHONY LAMAS, JR., Defendant and Appellant. | G035001 (Super. Ct. No. 04NF3521) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard W. Stanford, Jr., Judge. Affirmed in part, reversed in part, and remanded with directions.
Howard J. Stechel, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted Robert Anthony Lamas, Jr., of street terrorism (Pen. Code, § 186.22, subdivision (a); all further statutory references are to this code), possession of a loaded firearm in public by a gang member (§ 12031, subd. (a)(1)(C)), possession of a concealed firearm by a gang member (§ 12025, subds. (a)(2) & (b)(3)), and resisting a peace officer. The jury acquitted defendant on a charge of receiving the gun as stolen property. The trial court sentenced defendant to a total term of three years and eight months.
Defendant contends the trial court erroneously instructed the jury on the street terrorism and two gun possession charges. He asserts the same argument with respect to all three instructions, namely, that each crime requires the defendant commit or aid and abet â€
