P. v. Pate
Based upon evidence obtained during the service of search warrants for two residences used by defendant Jeffrey Allen Pate, a jury convicted him of possession of cocaine for sale and receiving stolen property. As to the drug offense, the jury found that defendant was personally armed with a firearm. Following these verdicts, the jury then found that defendant had two prior convictions which constituted strikes.
Sentenced to state prison for a term of 29 years to life, defendant appeals contending (1) the trial court erred in instructing the jury that personally armed means having a firearm available for use, (2) the evidence is insufficient to support the finding he was personally armed, (3) the trial court prejudicially erred by failing to give a unanimity instruction regarding the charge of receiving stolen property, and (4) the court abused its discretion in denying his Romero motion. Court reject each contention.
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