People v. Mora CA6

I. INTRODUCTION

Defendant Fernando Mora appeals after a jury convicted him of discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3, subd. (a)),1 unlawful firearm activity (former § 12021, subd. (c)(1)2), criminal contempt/disobedience of a protective order (§ 166, subd. (c)(1)), and destroying evidence (§ 135). Defendant was placed on probation for three years. On appeal, defendant contends the prosecutor committed misconduct by eliciting testimony that had been excluded during motions in limine, and that trial counsel was ineffective for failing to press for a ruling when he objected to that testimony. Defendant

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The crime of unlawful firearm activity (i.e., possession of a firearm by a person previously convicted of a specified misdemeanor) is now proscribed by section 29805. (See Stats. 2010, ch. 711 (S.B. 1080), § 6.76, operative Jan. 1, 2012.) 1 also contends that trial counsel was ineffective for failing to object to prosecutorial misconduct during closing argument. Defendant contends, and the Attorney General concedes, that the trial court erred by imposing a…