People v. Gonzales

Defendant Michael Ray Gonzales was convicted by jury trial of permitting a person to carry a loaded firearm in a vehicle (Pen. Code, §26100, subd. (a)). The jury also found true a gang allegation (§ 186.22, subd. (d)). The court suspended imposition of sentence and placed defendant on probation. On appeal, defendant challenges his conviction on the ground that the prosecution failed to prove that he knew the gun was loaded. Section 26100, subdivision (a) makes it a misdemeanor “for a driver of any motor vehicle . . . knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code.” (§ 26100, subd. (a), italics added.) Section 25850 and Fish and Game Code section 2006 apply only where the firearm is loaded. Defendant also contends that the trial court prejudicially erred in failing to instruct the jury that knowledge the firearm is loaded is an element of the offense. In addition, defendant challenges the sufficiency of the evidence to support the jury’s true finding on the gang allegation.

We disagree with the First District Court of Appeal’s holding in In re Ramon…