Bay
People v. Bay
Opinion
Lead Opinion
Humes, J.
At trial, Dylan Bay was convicted of felony counts of being a felon in possession of a firearm and ammunition and misdemeanor counts of possessing burglary tools and giving false information to a peace officer. Bay admitted two prior-prison-term allegations were true, and the trial court sentenced him to three years and eight months in prison.
On appeal, Bay claims that insufficient evidence supports the three possession convictions. He also claims, and the Attorney General concedes, that the trial court erred by staying instead of striking one of the prior-prison-term enhancements. We affirm the felony convictions for possession of a firearm and ammunition, because substantial evidence supports a finding that the contraband was in Bay's constructive possession. But we reverse the misdemeanor conviction under Penal Code 1 section 466 for possession of burglary tools, because no evidence supports a finding that any such tools were "upon [Bay] in his ... possession." 2 We also agree that the prior-prison-term enhancement should have been stricken. Otherwise, we affirm the judgment.