People v. Mason

I. INTRODUCTION

Defendant, Deric Monroe Mason, appeals from his convictions for carjacking (Pen. Code, § 215, subd. (a)) and firearm possession (§ 12021.1, subd. (a)), as well as the findings of personal firearm use (§ 12022.53, subd. (b)), a principal was armed with a firearm (§ 12022, subd. (a)(1)), and he had previously been convicted of serious felonies on three occasions. (§§ 667, subds. (b)-(i), 1170.12.) In the published portion of this opinion, we conclude; the trial court correctly denied the motion to dismiss the carjacking charge pursuant to section 1387.1, subdivision (a); the trial court should have dismissed the weapons possession charge as required by section 1387, subdivision (a); and there was substantial evidence to support defendant’s carjacking conviction.

H. FACTUAL BACKGROUND

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Osband (1996) 13 Cal.4th 622, 690 [ 55 Cal.Rptr.2d 26 , 919 P.2d 640 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 .) On January 20, 2004, Jackie Long went to a private party at a Hollywood restaurant. At…