P. v. Percy
A jury found Rory Bernard Percy (appellant) guilty of carrying a loaded, unregistered firearm (Pen. Code, 12031, subd. (a)(1))[1] (count 1); having a concealed firearm on his person ( 12025, subd. (a)(2)) (count 2); and unlawful firearm activity ( 12021, subd. (e)) (count 3). As to all counts, the jury found that the crimes were not committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(A). The trial court sentenced appellant to three years in prison. Appellant appeals on the grounds that: (1) the trial court erred in denying his suppression motion, since his arrest and the seizure of the firearm violated the Fourth Amendment; (2) the trial court violated his Sixth Amendment right to an impartial jury and his Fourteenth Amendment right to equal protection by denying his Batson-Wheeler[2] motion; (3) appellants trial counsel was ineffective for not moving to bifurcate the trial on the street gang allegations from the substantive charges; (4) the defenses of necessity and/or duress should have been litigated in light of District of Columbia v. Heller (2008) U.S. [128 S.Ct. 2783] (Heller), which upheld the right to bear arms in certain circumstances; and (5) the trial court erred in imposing concurrent sentences rather than staying counts 1 and 3 pursuant to section 654.
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