P. v. Fuentes CA6
Following a trial, the jury found defendant Daniel Fuentes guilty of personally discharging a firearm with gross negligence (Pen. Code, § 246.3, subd. (a)) (count 1), being a felon in possession of a firearm (§ 29800, subd. (a)(l)) (count 2), carrying a concealed firearm on his person (§ 25400, subd. (a)(2)) (count 3), and resisting an officer (§ 148, subd. (a)(1)) (count 4). With respect to count 3, the jury found true the penalty allegation that defendant had a loaded, concealable firearm for which he was not the registered owner within the meaning of section 25400, subdivision (c)(6), which made the offense punishable as felony.
On appeal, defendant raises claims of ineffective assistance of counsel and instructional error. He also challenges the sufficiency of the evidence to support the penalty allegation on count three. We find no error and affirm the judgment.
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