P. v. Champ CA5
Following a jury trial, appellant Tye Glenn Champ, Jr., was found guilty of count 4, possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)) and count 5, misdemeanor vandalism (§ 594, subd. (a)(3)). A mistrial was declared on count 1, attempted murder (§§ 664/187, subd. (a)) and count 2, assault with a semiautomatic firearm (§ 245, subd. (b)), and those charges were subsequently dismissed. He was acquitted of count 3, cruelty to an animal (§ 597, subd. (a)). As a third striker, Champ was sentenced to 25 years to life, plus a concurrent term in the form of credit for time served.
On appeal, Champ contends the trial court erred when it refused an instruction on entrapment by estoppel as a defense to the gun possession charge, and instructions on the right to defend property and necessity defense on the vandalism charge. We affirm.
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