Lanham

Defendant was convicted by jury on both counts of an amended information. Count 1 alleged that on March 7, 1989, he violated Penal Code section 12021, subdivision (a) by being a person convicted of a felony and having in his possession a firearm. Count 2 alleged that on March 7, 1989, defendant violated section 12020, subdivision (a) by being in possession of a bullet which carries or contains an explosive agent. After pronouncement of judgment, defendant was sentenced as follows: Count 1—upper term of three years and count 2—midterm of two years to run. concurrently with the sentence on count l.

The court credited against the prison terms a total of 316 days for preconviction custody, 211 days being for actual custody and 105 days for conduct credit.

Defendant appeals from his conviction on count 2. He also appeals from the sentencing on counts 1 and 2 and the trial court’s determination of the preconviction custody credit to which he is entitled. He assigns three errors on appeal. He contends that: (1) the trial court erred in not instructing the jury that a necessary element for conviction of possession of a bullet containing an explosive agent is defendant’s…