California Court of Appeal

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People v. Hernandez, E054160

The judgment of the trial court as to defendant's convictions for unlawful possession of a firearm following a felony conviction and unlawful possession of ammunition is reversed, where: 1) the trial court's failure to give a unanimity instruction was error because the record reveals two separate instances of conduct regarding possession of the firearm and ammunition, rather than one discrete act or transaction; and 2) the error was not harmless.

Appellate Information

  • Decided 06/25/2013
  • Published 06/25/2013


  • KING


  • California Court of Appeal