Melton

On July 8, 1986, a criminal complaint was filed against defendant in Stanislaus County Municipal Court charging him as follows: count I—carrying a concealed weapon (Pen. Code, § 12025); count II— assault with a firearm (§ 245, subd. (a)(2)); and count III—brandishing a weapon (§417, subd. (a)).

On November 19, 1986, jury trial commenced in municipal court. The jury found defendant guilty of carrying a concealed weapon, not guilty of brandishing a weapon and was unable to reach a verdict on the assault charge. The municipal court subsequently dismissed the assault charge on motion of the district attorney.

The municipal court denied defendant’s motion for a new trial and defendant filed a notice of appeal. Thereafter, the Appellate Department of the Stanislaus County Superior Court affirmed the judgment of conviction. On October 9, 1987, the appellate department of the superior court certified the case to this court for its consideration and review. (Cal. Rules of Court, rule 63.)

On November 6, 1987, this court ordered the proceeding transferred for hearing and decision. (Cal. Rules of Court, rule 62(a).)

Statement of Facts

The trial court proceedings were tape…