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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.


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