People v. Train CA2/5

I. INTRODUCTION

A jury found defendant Armando Train guilty of one count of murder, two counts of being a felon in possession of a firearm, and one count of being a felon in possession of ammunition. The trial court sentenced defendant on each count of conviction and did not stay the sentence on any count. On appeal, defendant contends that the court improperly sentenced him on two counts of being a felon in possession of a firearm when he had only committed a single violation of that crime. He also contends that the court erred when it sentenced him for being both a felon in possession of a firearm and a felon in possession of ammunition because it should have stayed one of those sentences. We vacate defendant’s conviction on one count of being a felon in possession of a firearm and stay his sentence for being a felon in possession of ammunition. We otherwise affirm the judgment.

II. BACKGROUND

A. The Underlying Crimes

On January 29, 2022, Abraham Garcia, Eduardo Alonso, and Alejandra Padilla were using drugs at an abandoned property in Long Beach, where Alonso, the murder victim, was living. Defendant appeared at the property, called for Alonso, and “claimed his…