Hurtado

Defendant Frank Javier Hurtado was charged by information with being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)), carrying a concealed firearm in a vehicle (§ 12025, subd. (a)(1)), carrying a loaded firearm in a vehicle (§ 12031, subd. (a)(1)), and driving with a suspended license (Veh. Code, § 14601.1). The information alleged defendant had served a prior prison term (§ 667.5, subd. (b)) and was subject to the three strikes law (§§667, subds. (b)-(i), 1170.12). After defendant pleaded guilty to driving on a suspended license, a jury found him not guilty of being a felon in possession of a firearm and guilty of carrying a concealed firearm and carrying a loaded firearm. In a separate proceeding, the trial court found the section 667.5, subdivision (b) enhancement true. The court sentenced defendant to 32 months in state prison. On appeal defendant contends the trial court committed instructional error by (1) failing to instruct, pursuant to CALJIC No. 12.06, that temporary possession for disposal can be a defense to carrying a concealed and a loaded weapon, and (2) giving the new version of CALJIC No. 2.90 on reasonable doubt. He contends the trial…