People v. Holden CA5

INTRODUCTION

On January 29, 2015, a jury found defendant Gary Eugene Holden guilty of one count of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)). Defendant admitted a prior strike, and was sentenced to a term of four years in prison. On appeal, defendant contends: (1) there was insufficient evidence to support his conviction for unlawful possession of a firearm; and (2) the trial court erred by failing to instruct the jury that transitory possession of a firearm for the purpose of disposal is insufficient to support a conviction for unlawful possession of a firearm. We affirm.

FACTS

On September 18, 2014, Mariposa County Sheriff’s Department Sergeant Kim Miller initiated a traffic stop on a vehicle being driven by defendant, a convicted felon. As Miller approached the car, she observed a shotgun sitting between the driver’s seat and front passenger’s seat. Miller ordered defendant and his passenger, Michelle Corn, out of the vehicle, and a subsequent search of the vehicle revealed narcotics, as well as two revolvers, ammunition, and several bags of personal items. Corn stated she was moving out of defendant’s trailer, and the weapons belonged to…