P. v. Evans CA5
Elijah Mathew Evans’s appeal relates to two separate criminal cases filed against him in the Tulare County Superior Court: Case Nos. VCF274860 and VCF335926. In VCF335926, Evans appeals (1) his conviction for felon in possession of a firearm; (2) the true finding on a prior conviction allegation attached to that conviction; and (3) his sentence on the felon in possession conviction. We affirm his conviction for felon in possession of a firearm and the sentence for that conviction. However, we strike the true finding on the prior conviction allegation attached to the felon in possession conviction and remand the matter for resentencing on that count. In all other respects, the judgment is affirmed. Regarding VCF274860, that case is relevant to this appeal only because the court found a probation violation there, based on the felon in possession conviction in VCF335926. Since we have affirmed the felon in possession conviction in VCF335926.
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