Escobar

Defendant holds a gun, but it is concealed because his hand is in a briefcase. The victim, who is standing in front of defendant, hears the sound of the gun being cocked. Here we hold this is sufficient evidence to sustain a conviction of assault with a firearm.

Defendant Angel Daniel Escobar appeals from the judgment entered upon his plea of guilty to receiving stolen property and his conviction by the court of felonious assault, with personal use of a firearm, and possession of a concealed firearm in a vehicle, with the finding he used a firearm in the commission of receiving stolen property. (Pen. Code, §§ 245, subd. (a)(2), 496, subd. 1, 12022.5, 12025, subd. (a).)

Scott Esparza, a bail bondsman, posted a $10,000 bail bond for Escobar in an unrelated matter. Escobar’s friend, Cynthia Durkin, gave Esparza a check for the $1,000 premium. Escobar asked Esparza not to cash the check but stated he would pay the $1,000 in cash when he was released from jail.

Escobar was released from custody, and although the premium had been earned by Esparza when he secured Escobar’s release, Escobar made no arrangement to pay Esparza. Escobar finally promised to meet Esparza at an…