People v. Miranda CA4/2

I.

INTRODUCTION

Defendant and appellant, Adrian Miranda, and his younger brother, Alexander 1 Miranda (Alex) assaulted their father and forced him to stay seated in a chair. Defendant

appeals from the judgment entered following jury convictions for assault with a 2 semiautomatic firearm (Pen. Code, § 245, subd. (b) ; count 1) and false imprisonment

(§ 236; count 2). The jury also found true allegations that defendant personally used a

firearm when committing both offenses (§ 12022.5, subd. (a)). The trial court ordered

defendant placed on five years of probation on various terms and conditions, including

serving 364 days in local custody.

Defendant contends his due process rights were violated because there was

insufficient evidence to support his conviction for assault with a semiautomatic firearm.

Defendant also contends the trial court abused its discretion in admitting into evidence

irrelevant and unduly prejudicial photographs of three firearms recovered from

defendant’s truck. We reject defendant’s contentions and affirm the judgment.

1 Alex is not a party to this appeal. 2 Unless otherwise noted, all statutory references are to the Penal…