P. v. Steward
Defendant was charged with being a felon in possession of a firearm in violation of Penal Code, section 12021, subdivision (a)(1), and illegal possession of ammunition in violation of section 12316, subdivision (b)(1). As to both counts, it was alleged that defendant suffered one serious or violent felony conviction under the three strikes law ( 1170.12, 667, subds. (b) (i)), and that he served six prior prison terms ( 667.5, subd. (b)). The jury acquitted defendant of the firearm count, but found him guilty of the ammunition count. In the bifurcated proceeding on the prior conviction allegations, defendant waived his constitutional trial rights and admitted the convictions. The trial court imposed a nine year prison term comprised of the two year middle term for the ammunition possession offense, doubled under the three strikes law, plus five years for the prison term enhancements.
In his timely appeal, defendant contends there was constitutionally insufficient evidence to support his conviction and the trial court prejudicially erred in failing to instruct the jury sua sponte that it must unanimously agree on the conduct that supported the convictionpossession of either the shotgun shells or the handgun rounds found in the trailer defendant shared with his father. Court reject the first contention. As to the second, court find the unanimity instruction was warranted, but the error was harmless under the circumstances.
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