P. v. Collins
A jury found defendant guilty of being a convicted felon in possession of a firearm, carrying a concealed firearm, and carrying a loaded firearm. (Pen. Code, SS 12021, subd. (a)(1), 12025, subd. (b)(6), 12031, subd. (a)(2)(F); further section references are to the Penal Code unless otherwise specified.) The jury also convicted him of assault with a semiautomatic firearm and found he personally used the firearm and caused great bodily injury in the commission of the offense. (SS 245, subd. (b), 12022.5, subd. (a), 12022.7, subd. (a).) Defendant was acquitted of discharging a firearm with gross negligence. ( S 246.3.) Finding that defendant had a prior conviction for a serious felony and had served a prior prison term (SS 667, subds. (a), (b)_(i), 667.5, subd. (b), 1170.12), the trial court sentenced him to an aggregate term of 25 years in state prison.
On appeal, defendant contends that his conviction for assault with a firearm is not supported by substantial evidence and that it also must be reversed due to instructional errors. Court disagree and affirm the judgment.
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