Simon

Appellant was convicted of assault with a firearm (Pen. Code, §§ 245, subd. (a), 12022.5), possession of a machine gun (§ 12220), and possession of a silencer (§ 12520). Following denial of his motion for new trial sentence was imposed for these offenses and for separate convictions (Super. Ct. L.A. County, No. A756542) of possession of cocaine for sale (Welf. & Inst. Code, § 11351), and possession of a machine gun (§ 12220). Appellant contends the convictions must be reversed, the court erred in denying his motion for new trial, and the court erred in imposing sentence. We reverse the judgment of conviction, find no error in the denial of motion for new trial but remand for resentencing.

Procedural & Factual Background

Following various motions (§§ 995, 1538.5, and a motion to sever) appellant was tried by a jury for the murder of Jose Luis Ramirez, also known as Isaac Gonzales (§ 187) by use of a machine gun (§§ 12022.5 and 1203.06, subd. (a)(1)), assault with a deadly weapon, a machine gun, upon Eddie Bryant Hempen (§§ 245, subd. (a) and 12022.5), possession of a machine gun (§ 12220), and possession of a silencer (§ 12520). He was found not guilty of murder and…