P. v. Vasko CA3
Defendant Sean Michael Vasko appeals the trial court’s judgment sentencing him to two years of local prison time for felony firearm concealment. He contends the trial court prejudicially erred when it failed to instruct the jury on the elements necessary to elevate the punishment for his firearm concealment conviction to a wobbler offense, but nonetheless sentenced him to the elevated term in violation of the federal Constitution as interpreted in Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [147 L.Ed.2d 435]. In light of this error, defendant requests we modify the judgment to reduce this conviction to a misdemeanor and remand his case for resentencing. The People agree the trial court prejudicially erred requiring the requested relief. We concur with the parties, and accordingly, will modify the judgment as requested and remand for resentencing.
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