Antoine

Appellant Gary Joseph Antoine was convicted of two counts of carjacking, two counts of assault with a deadly weapon, two counts of robbery, one count of unlawful vehicle taking and one count of possession of a firearm by a felon. It was found true that as to all but the possession of a firearm charge, appellant used a firearm within the meaning of Penal Code section 12022.5. It was also found true appellant had served a term of imprisonment within the meaning of section 667.5, subdivision (b).

Antoine appeals, arguing the crime of carjacking is unconstitutionally overbroad, vague and denies equal protection, that the court abused its discretion in refusing to sever the firearm possession charge and made various instructional and sentencing errors.

Facts

A. Prosecution Case

On August 21, 1994, at approximately 3:30 in the afternoon, Gerardo Padilla and Leticia Flores were driving home in Padilla’s pickup truck. Padilla noticed they were being followed by four men in an automobile. As Padilla stopped at his apartment one of the men, appellant, got out of the car, moved quickly to the truck, pointed a gun at Padilla and told him to get out. Padilla told Flores to run.…