P. v. Ordonez
A jury convicted appellant Marcos Ordonez of having a concealed firearm (Pen. Code, 12025, subd. (a)(2))[1](count 2) and exhibiting a concealable firearm (brandishing) ( 417, subd. (a)(2)) (count 3).[2] The trial court sentenced appellant to one year for each offense, to be served consecutively, for a total of two years in county jail.
Appellant appeals on the grounds that: (1) the trial court erred prejudicially by failing to instruct the jury on self defense, and (2) appellants term of one year in county jail for brandishing a firearm is an unauthorized sentence because the jury did not find that the offense occurred in a public place.
The judgment is modified to reduce the one year term imposed on count 3 to a six month term, and appellants total sentence is reduced to one year and six months. As modified, the judgment is affirmed.
Comments on P. v. Ordonez