Villa

A jury found defendant Luis Villa guilty of gross negligence in discharging a firearm, possession of a firearm by a juvenile previously adjudged a ward of the juvenile court, and possession of a loaded firearm in a public place. Defendant was 16 years old at the time of the offense. The trial court sentenced him as an adult to two years in state prison.

On appeal, defendant has four claims: (1) the evidence was insufficient to convict him of gross negligence in discharging a firearm; (2) the two convictions for possession of a firearm are unconstitutional based on the recent United States Supreme Court decision in District of Columbia v. Heller (2008) 554 U.S. _ [ 171 L.Ed.2d 637 , 128 S.Ct. 2783 ]; (3) the trial court abused its discretion in denying his motion to sever; and (4) the trial court prejudicially erred by not holding a hearing to determine if he was fit to be sentenced as an adult. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On or about April 25, 2007, defendant began yelling at and insulting several individuals across the street from his house. The targets of defendant’s insults were standing in front of a neighbor’s home. After…