People v. Ballard CA3

Filed 11/10/21 P. v. Ballard CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Modoc) ----

THE PEOPLE, C091124

Plaintiff and Respondent, (Super. Ct. No. F-19-050)

v.

PETER JOSEPH BALLARD,

Defendant and Appellant.

Defendant Peter Joseph Ballard appeals a judgment entered following his conviction for being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a))1 and driving a U-Haul truck without consent (Veh. Code, § 10851, subd. (a)) while out on bail (§ 12022.1). He contends the trial court erred in failing to sua sponte provide a unanimity instruction on the possession count. He reasons because the trial involved

Further undesignated statutory references are to the Penal Code.

1 evidence of two…