People v. McAllister CA4/1

INTRODUCTION

This is an appeal from a judgment of conviction after a jury trial. Martell David McAllister raises three issues. He contends (1) his convictions must be overturned because the evidence identifying him as a perpetrator of the charged crimes was insubstantial, (2) his conviction for felon in possession of a firearm violates the Second Amendment, and (3) the sentences for his felon-in-possession convictions should have been stayed

pursuant to Penal Code section 654.1 The People concede McAllister’s sentence violated section 654. We agree and will reverse and remand for resentencing. We affirm the judgment in all other respects.

PROCEDURAL BACKGROUND

In December 2022, a San Diego County jury convicted McAllister of first degree robbery (§§ 211, 212.5, subd. (a)), first degree burglary with a person present (§§ 459, 460, subd (a), 667.5, subd. (c)(21)), and two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1)). McAllister admitted a prior serious felony conviction that was alleged to be a prior strike (§ 667, subds. (a)(1), (b)–(i)). He admitted two sentencing aggravating factors (§ 1170.12; Cal. Rules of Court, rule 4.421(b)(3)–(4)). In February…