P. v. Pezant
A jury convicted defendant Jason Rashad Pezant of possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)),[1]possession of ammunition by a felon ( 12316, subd. (b)(1)), and three counts of unlawful possession of assault weapons ( 12280, subd. (b)). The jury further found defendant committed all the offenses for the benefit of a criminal street gang. ( 186.22, subd. (b)(1)(A).) Defendant admitted having suffered a prior conviction (but not a prior prison term). The court sentenced defendant to a total prison term of 10 years as follows: the upper term of three years for possession of a firearm by a felon, with four years for the gang enhancement; a consecutive eight month term for one count of possession of an assault weapon with one year and four months for the gang enhancement; a one year enhancement for a prior prison term; and concurrent sentences on the remaining counts.
On appeal, defendant contends (1) the prosecutor peremptorily challenged an African-American prospective juror based solely on group bias; (2) insufficient evidence supported the finding he knew or reasonably should have known three firearms were assault weapons; (3) the court should have bifurcated trial of the gang enhancements; (4) the court should have released juror identifying information to him; and (5) the prior prison term enhancement must be reversed because a prior prison term was not admitted or found true. Court agree the prior prison term enhancement must be stricken. In all other respects, Court affirm the judgment.
Comments on P. v. Pezant