Yarbrough

Defendant was convicted following a jury trial of carrying a

concealed firearm (Pen. Code, § 12025, subd. (a)(2)), and carrying a loaded firearm in a public place (Pen. Code, § 12031, subd. (a)(1)). He was sentenced to the middle term of two years in state prison for the conviction of carrying a loaded firearm in a public place, and sentence on the remaining conviction was stayed.

In this appeal defendant claims that his conviction of possession of a concealed weapon violates the Second Amendment to the United States Constitution, and the trial court gave erroneous instructions in response to jury questions on the charge of carrying a loaded firearm in a public place. He also challenges the trial court’s sentencing decision to deny probation and impose a state prison term. We conclude that the conviction of possession of a concealed weapon does not contravene defendant’s Second Amendment rights as interpreted in the United States Supreme Court’s decision in District of Columbia v. Heller (2008) 554 U.S._[ 171 L.Ed.2d 637 , 128 S.Ct. 2783 ] (Heller), and the court properly instructed the jury on carrying a loaded firearm in a public place. We also find that no…