People v. Aguilar CA2/6

Facts It is unnecessary to include a detailed statement of the facts underlying appellant’s convictions. On February 21, 2022, appellant used a semiautomatic handgun to fire several shots at two persons inside a vehicle. One round “came through the rear window and collided with the front windshield.” The rear window was “shattered.” The persons inside the vehicle were not injured. Based on the shooting, appellant was charged with two counts of assault with a semiautomatic firearm (counts 3 and 4) and felon in possession of a firearm (count 5). On March 30, 2022, appellant fled when police officers attempted to detain him. Appellant left behind a backpack that contained a rifle and ammunition. Based on the items in the backpack, appellant was charged with felon in possession of a firearm (count 6) and felon in possession of ammunition (count 7). Appellant Did Not Continuously Possess the Same Firearm Appellant claims we must reverse one of his two convictions for being a felon in possession of a firearm because he “[c]ontinuously [p]ossesed the [s]ame [f]irearm.” (Bold omitted.) “The [California] Supreme Court has recognized that possession of a firearm by a felon is a continuing…