P. v. Hubbard CA3
A jury found defendant Charles Daniel Hubbard guilty of carjacking (Pen. Code, § 215, subd. (a); count 1), assault with a firearm (§ 245, subd. (a)(2); count 2), and being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 3), and found defendant personally used a firearm in the commission of the carjacking (former § 12022.53, subd. (b)) and the assault (former § 12022.5, subds. (a) & (d)). Sentenced to 15 years 8 months in state prison, defendant appeals, contending that the jury’s true finding on the firearm-use enhancements and his conviction for assault with a firearm are not supported by substantial evidence. He also asserts that his trial counsel was ineffective in failing to request an instruction on being armed with a firearm as a “lesser included enhancement” of personal use, the trial court prejudicially erred in instructing the jury, and section 29800 violates the Second Amendment.
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