P. v. Arizmendi
A jury convicted defendant Alexander Burgos Arizmendi of possession of an assault weapon (count 1) and criminal threats (count 2) in a San Jose case and of possession of an assault weapon (count 4), negligent discharge of a firearm (count 5), and being under the influence of a controlled substance (count 3) in a Mountain View case. It also found true allegations that defendant personally used an assault weapon in committing counts 2 and 5 for purposes of a five-, six-, or 10-year sentence enhancement. The trial court sentenced defendant to 11 years and four months in prison. On appeal, defendant contends that (1) the trial court erroneously denied his motion to suppress evidence of the assault weapon in the San Jose case, (2) the trial court transgressed his constitutional right to due process by consolidating the San Jose case with the Mountain View case, and (3) the convictions for possession of an assault weapon transgress his constitutional right to bear arms. We disagree and affirm the judgment.
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