People v. Knight CA3

Filed 3/18/16 P. v. Knight CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C078561

Plaintiff and Respondent, (Super. Ct. No. SF127439A, SF127439B) v.

LEONARD ANGELO KNIGHT,

Defendant and Appellant.

A jury found defendant Leonard Angelo Knight guilty of one count of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)),1 one count of unlawfully carrying a loaded firearm within a vehicle in a public place (§ 25850, subd. (c)(4)), one count of carrying a loaded firearm within a vehicle in a public place while not the registered owner of the firearm (§ 25850, subd. (c)(6)), and one count of possession of marijuana (Health & Saf. Code, § 11357, subd. (c)). In a bifurcated proceeding, the trial court found true the special allegations that defendant had a prior strike conviction

1 Undesignated statutory references are to the Penal Code.

1

(§§ 667, subd. (d), 1170.12, subd. (b)). The trial court sentenced defendant to four years in prison. On appeal, defendant contends he was improperly convicted and sentenced under the penalty provisions of section 25850, subdivision (c)(4) and (6). We agree and shall reverse with directions to the trial court to vacate defendant’s conviction for violating section 25850, subdivision (c)(6). In all other respects, the judgment is affirmed. I. DISCUSSION2 Relying on People v. Ramon (2009) 175 Cal.App.4th 843 (Ramon), defendant contends that he was improperly convicted and sentenced for unlawfully carrying a loaded firearm within a vehicle in a public place (§ 25850, subd. (c)(4)) and for carrying a loaded firearm within a vehicle in a public place while not the registered owner of the firearm (§ 25850, subd. (c)(6)). The People concede the point, and we agree. Ramon involved section 12031, which is the predecessor to section 25850.3 In Ramon, the appellate court explained: “Section 12031, subdivision (a)(1) sets forth the elements of the crime of carrying a concealed firearm: ‘when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.’ [¶] Subdivision (a)(2) of section 12031 establishes the penalty for violation of subdivision (a)(1) of section 12031, depending on the circumstances surrounding the offense or the offender. If the defendant has a previous felony conviction, or a previous conviction of this chapter, a violation of subdivision (a)(1) is a felony. (Id., subd. (a)(2)(A).) If the firearm is stolen, then a violation of