P. v. Fuentes
Bernardo Fuentes appeals the judgment entered following his conviction by jury of assault with a firearm on a peace officer in which he personally discharged a firearm, and possession of a firearm by a felon. (Pen. Code, §§ 245, subd. (d)(1), 12022.53, subd. (c), former § 12021, subd. (a)(1).)[1] Fuentes contends the judgment should be modified to reflect a stay pursuant to section 654 of the concurrent term imposed for possession of a firearm by a felon. Fuentes also requests an independent review of the in camera hearing on his Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531). (See People v. Mooc (2001) 26 Cal.4th 1216, 1228-1232.)
Fuentes’s sentencing contention fails because the evidence reveals Fuentes possessed the firearm prior to the assault. (People v. Bradford (1976) 17 Cal.3d 8, 22.) With respect to the Mooc request, review of the in camera hearing reveals no abuse of the trial court’s discretion. We therefore affirm the judgment.
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