P. v. McCord CA4/2
A jury found defendant and appellant, William Patrick Mill McCord, guilty of being a felon in possession of ammunition. (Pen. Code, § 30305, subd. (a); count 1.) Defendant admitted he had suffered three prior prison terms. (§ 667.5, subd. (b).) The court sentenced defendant to an aggregate term of imprisonment of four years four months, consisting of the following: the low term of 16 months on the count 1 offense and a consecutive one-year term on each of the three prior prison term enhancements. On appeal, defendant contends the court erred by denying him probation, declining to strike the prior prison term enhancements, and by not issuing a sua sponte jury instruction on momentary possession. (CALCRIM No. 2305.) Defendant additionally maintains his trial counsel provided constitutionally ineffective assistance of counsel (IAC) by failing to request the instruction on momentary possession. We affirm.
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