Wolfe
People v. Wolfe
Opinion
lead Opinion
Richli, J.
Defendant Sebastian Wolfe lived with his mother in a trailer park. On May 9, 2001, a police officer saw several firearms in their trailer. On May 11, 2001, having learned that defendant had a misdemeanor conviction that made it illegal for him to possess a firearm, police officers searched the trailer. Defendant told them, “[M]y guns are in the light fixture[] above the kitchen . ...” In that light fixture, as well as elsewhere in the trailer, the police found sundry firearms.
A jury found defendant guilty on one count of possession of a firearm with a qualifying misdemeanor. (Pen. Code, § 12021, subd. (c)(1).) He was sentenced to three years’ probation, on terms including participation in the Mental Health Treatment Program.
In the published portion of this opinion, we hold that the trial court erred by failing to give a unanimity instruction. There is a split of opinion regarding the harmless error standard applicable to this error; we hold that the beyond-a-reasonable-doubt standard of Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 ] (Chapman) applies. Finally, however, we hold that, even under this standard, the error was harmless.