Howard

In a bench trial, Dexter Howard was convicted of receiving stolen property (Pen. Code, § 496, subd. (a)), exhibiting a firearm in the presence of an occupant of a motor vehicle (§ 417.3), and carrying an unregistered loaded firearm (§ 12031, subd. (a)(1)). He was sentenced to four years four months in prison, doubled to eight years eight months under the “Three Strikes” law based on his admission of a prior juvenile adjudication for attempted robbery. (§§ 664, 211.) Howard contends that there was insufficient evidence to support the conviction for exhibiting a firearm. [[/]]* *

We conclude that Howard’s conviction for exhibiting a firearm is not supported by substantial evidence that his victim was in a motor vehicle “proceeding on a public street or highway.” (§ 417.3.) Accordingly, we will vacate the conviction but direct the trial court to enter a judgment for the lesser included offense of brandishing a firearm. (§ 417.) [[/]] Otherwise, we affirm.

Facts and Procedural History

Bryan Riley was driving with a passenger when his car stalled and came to a stop in the center median of a street. Howard and several men approached Riley’s car and asked him, in a…