P. v. Ward
A jury convicted Ronald David Ward of transporting more than 28.5 grams of marijuana (Health & Saf. Code, 11360, subd. (a) (count 1)); possession of marijuana for sale (Health & Saf. Code, 11359 (count 2)); possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1) (count 3)); and having a concealed firearm in a vehicle (Pen. Code, 12025, subd. (a)(1) (count 4)). It also made a true finding on firearm allegations as to counts 1 and 2. The trial court sentenced Ward to three years in prison.
When Ward was arrested following a traffic stop, the police found marijuana in Ward's car and in his pocket. Ward's single contention on appeal is that the trial court erred by not giving a unanimity instruction to the jury, instructing that it must agree as to which stash of marijuana it was relying on to convict Ward of counts 1 and 2. As we will explain, we conclude that the trial court should have given a unanimity instruction with respect to count 2, but the error was harmless. Accordingly, Court affirm the judgment.
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