Padilla

I

Introduction

Preparing to stop a vehicle for Vehicle Code violations, sheriffs deputies observed appellant Ernest Padilla, the right front passenger, making a motion as if stuffing an object between the passenger and driver seats. After stopping and searching the vehicle they found a concealable handgun in that area. A jury convicted appellant, as charged in two counts, of possession of a firearm by a convicted felon (Pen. Code, § 12021, subd. (a)(1)) and carrying a concealed firearm in a vehicle while an occupant of the vehicle. (Pen. Code, § 12025, subd. (a)(3).) The court found true the allegations of prior serious felony convictions and sentenced appellant to prison for 25 years to life under the “Three Strikes” law. (§ 667, subds. (b)-(i).)

Appellant contends that due to trial court and trial counsel error, the jury was inadequately instructed on the elements and defenses relating to both charges. He adds that in any event the evidence is insufficient to support either conviction. He further contends one of the counts should be vacated on the ground it is a lesser included offense of the other. We reject these contentions in the published portion of this…