People v. Ballard CA3

Filed 11/10/21 P. v. Ballard CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Modoc) ----

THE PEOPLE, C091124

Plaintiff and Respondent, (Super. Ct. No. F-19-050)

v.

PETER JOSEPH BALLARD,

Defendant and Appellant.

Defendant Peter Joseph Ballard appeals a judgment entered following his conviction for being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a))1 and driving a U-Haul truck without consent (Veh. Code, § 10851, subd. (a)) while out on bail (§ 12022.1). He contends the trial court erred in failing to sua sponte provide a unanimity instruction on the possession count. He reasons because the trial involved

1 Further undesignated statutory references are to the Penal Code.

1

evidence of two separate alleged possessions of firearms, the trial court’s failure to provide a unanimity instruction lowered the prosecution’s burden of proof requiring reversal. We conclude there was no error and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND We limit this discussion given defendant’s issue on appeal. The People’s first amended information alleged that “[o]n or about January 27, 2019,” defendant illegally possessed a firearm (§ 29800, subd. (a); count one); that “[o]n or about January 29, 2019,” defendant possessed a billy (§ 22210; count two);2 and that “on or about April 11, 2019,” defendant drove a U-Haul rental truck without consent (Veh. Code, § 10851, subd. (a); count three). The amended information also alleged that count three occurred while defendant was out on bail (§ 12022.1). Relevant to the firearm charge, the People presented evidence that on January 27, 2019, defendant brought a black .45-caliber semiautomatic pistol to Tommy G.’s home. Defendant said he had received the gun from a friend who owed him money and asked to put the gun in Tommy G.’s safe, which Tommy G. did. This interaction was captured on Tommy G.’s home security camera and showed defendant bringing the weapon into Tommy G.’s home and handing the .45-caliber pistol to Tommy G. Tommy G. denied that defendant had handed him a CO2 pistol. This footage was played for the jury and had a date stamp of January 27, 2019. Also on January 27, 2019, Erin W. came home and discovered the backdoor open and his Rock Island 1911 .45-caliber pistol missing from the lockbox where he kept it in his bedroom. Erin W. reported the theft to law enforcement that very day. At the time, he lived with his then girlfriend, Chassie B.