P. v. Pennington CA3
A search of the car in which defendant Bart Pennington, a felon, was sitting uncovered methamphetamine and ammunition. A jury found him guilty of possessing methamphetamine as a lesser included offense to possession of methamphetamine for sale, and also of unlawful possession of ammunition by a felon. He was sentenced to three years in state prison for the ammunition offense and three years of informal probation for the drug offense.
Defendant appeals, contending that there is insufficient evidence that he possessed the ammunition found in the car, and that the court erroneously instructed the jury on the element of possession, which not only violated his constitutional right to due process but also resulted in a directed verdict on that charge. We conclude the record contains sufficient evidence of possession and that the trial court properly instructed the jury. We affirm.
Comments on P. v. Pennington CA3