P. v. Noel CA4/2
A jury convicted defendant and appellant, Jody Wayne Noel, of carjacking (Pen. Code, § 215, subd. (a)), robbery (§ 211), possessing a firearm in a public building (§ 171b, subd. (a)), resisting an executive officer (§ 69, subd. (a)), and four counts of being a violent offender in possession of a firearm (§ 29900, subd. (a)). The jury also found defendant personally used a firearm in the commission of the robbery. (§ 12022.53, subd. (b).) For these offenses and a number of status enhancements that defendant admitted (§§ 667, subds. (a), (c), (e)(1), 667.5, subd. (b), 1170.12, subd. (c)(1), 12022.1, subd. (b)), the court sentenced him to a total of 32 years plus 50 years to life in prison.
Defendant contends there was insufficient evidence that he knew of or controlled two of the firearms the jury convicted him of possessing. He also contends the court erred in failing to instruct the jury sua sponte on constructive possession of the firearms.
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