Hernandez

I. INTRODUCTION

Defendant and appellant Allan Corral Hernandez was convicted by a jury of battery of a cohabitant (Pen. Code, § 243, subd. (e)(1); count l), intimidation of a witness (§ 136.1, subd. (b); count 3), unlawful possession of a firearm following a felony conviction (former § 12021, subd. (c)(1); count 5), and unlawful possession of ammunition (former § 12316, subd. (b)(1); count 6). In a bifurcated proceeding, the trial court found that defendant had a one-year prior prison conviction, two prior serious felony convictions, and two prior strike convictions. (§§ 667, subds. (a), (e)(2)(A), 667.5, subd. (b), 1170.12, subd. (c)(2)(A).)

Defendant was sentenced to 25 years to life on each of counts 3, 5, and 6, plus one year on count 1. The sentences on counts 1 and 5 are to run consecutively to the sentence on count 3; the sentence on count 6 is to run concurrently to the sentence on count 5.

Defendant appeals his convictions on counts 5 and 6 for unlawful possession of a firearm and ammunition. Defendant argues that the evidence presented at trial revealed two plausible instances in which he could have been in possession of a firearm and ammunition. He further…