People v. Harpe CA6

I. INTRODUCTION

A jury found defendant Daniel Brandon Harpe guilty of possession of a firearm by a felon (count 1; Pen. Code, § 29800, subd. (a)(1)1), possession of ammunition by a felon (count 2; § 30305, subd. (a)(1)), receiving a stolen vehicle (count 3; § 496d, subd. (a)), possession of narcotics paraphernalia (count 4; Health & Saf. Code, § 11364.1, subd. (a)), and trespass (count 5; § 602.5, subd. (a)). Defendant admitted that he had served three prior prison terms. (§ 667.5, subd. (b).) The trial court imposed an aggregate prison term of five years. On appeal, defendant contends: (1) trial counsel was ineffective for failing to object when the prosecution presented evidence that he and the co-owner of his vehicle had committed prior crimes; (2) the trial court erred by failing to expressly admonish him

1 All further statutory references are to the Penal Code unless otherwise indicated. as to the constitutional rights waived by his admissions to the prior prison term allegations; and (3) the trial court violated section 654 by failing to stay the term for count 2, possession of ammunition by a felon. For reasons that we will explain, we will affirm the…