P. v. Cummings
Thomas Leo Cummings, Jr., and Brian Eugene Jefferson stand convicted, following a jury trial, of various offenses. Jefferson was convicted of attempted robbery (Pen. Code,[1] 211, 664; count 1), robbery ( 211; count 2), misdemeanor carrying a concealed firearm in a vehicle ( 12025, subd. (a)(1); count 3), and misdemeanor carrying a loaded firearm in a public place or on a public street ( 12031, subd. (a)(1); count 4). As to counts 1 and 2, the jury further found that a principal was armed with a firearm during commission of the offense ( 12022, subd. (a)(1)).[2] Cummings was convicted of being an ex-felon in possession of a firearm ( 12021, subd. (a)(1); count 5) and feloniously carrying a loaded firearm ( 12031, subd. (a)(1); count 6). He admitted having suffered a prior strike conviction ( 667, subds. (b)-(i), 1170.12, subds. (a)-(e)) and having served a prior prison term ( 667.5, subd. (b)). Cummings was sentenced to a total of five years in prison, while Jefferson was sentenced to a four-year term. Both now appeal, with Cummings challenging the sufficiency of the evidence to support his conviction on count 6, and Jefferson claiming prejudicial instructional error occurred. For the reasons that follow, Court affirm.
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