Hall

Alexander Hall appeals from the judgment entered following a jury trial that resulted in his conviction of receiving stolen property (Pen. Code, § 496, subd. (a); count l); felony carrying of a concealed firearm in a vehicle (§ 12025, subd. (a)(1); count 2); conspiracy to commit robbery (§§ 182, subd. (a)(1), 211; count 3); and court findings that he had suffered two prior serious or violent felony convictions which qualify as strikes under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had served a prior prison term (§ 667.5, subd. (b)). He was sentenced to prison for 25 years to life on each of counts 1 and 3. He was awarded 292 days’ precommitment credit, consisting of 254 days’ custody and 38 days’ conduct credit.

In the published portion of this opinion, we hold that, for purposes of Penal Code section 12025—felony carrying of a concealed firearm in a vehicle—defendant’s status as a convicted felon is a sentencing factor, not an element of the crime. The trial court erred in instructing that it was an element, but its error was harmless. We also hold that where the evidence does not enable a decision whether multiple present felonies…