Ferris
People v. Ferris
Opinion
Lead Opinion
McDonald, J.
Gregg James Ferris appeals a judgment following his jury convictions on two counts of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), 1 one count of possession of a short-barreled shotgun (§ 12020, subd. (a)), one count of robbery (§ 211), and one count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). Ferris contends: (1) the prosecutor committed misconduct in his closing argument; and (2) the trial court erred by (a) admitting evidence on his uncharged criminal conduct, (b) not instructing sua sponte with CALJIC No. *1274 17.01, (c) not striking its findings that he had three prior serious or violent felony convictions, (d) imposing two restitution fines under each of section 1202.4, subdivision (b) and section 1202.45, and (e) not recognizing its discretion to impose concurrent terms for his offenses of possessing a controlled substance and possessing a firearm by a felon. We modify the judgment to impose only one restitution fine under each of section 1202.4, subdivision (b) and section 1202.45 and affirm the judgment as so modified.