Filed 5/9/06 P. v. Harris CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. MILES ARTHUR HARRIS, Defendant and Appellant. | F046479 (Super. Ct. No. BF106615A) OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Sidney P. Chapin, Judge.
Sylvia Koryn, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Matthew Chan and Carlos A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
On appeal from a judgment of conviction of felon in possession of a firearm for the benefit of a criminal street gang and felon in possession of ammunition for the benefit of a criminal street gang, Miles Arthur Harris claims prosecutorial misconduct and argues evidentiary, instructional, and sentencing error. We will affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
At around 2:00 a.m. on June 10, 2004, police officers responding to a shots fired report found Harris sitting just outside his girlfriend's patio within arm's reach of a loaded firearm. His girlfriend told officers that she saw him with the gun, that she asked him why he had the gun, and that he said the West Siders were â€
