P. v. Madrid
Appellant Christopher Daniel Madrid appeals from a judgment entered after a jury convicted him of being a felon in possession of a firearm, (Pen. Code, § 12021, subd. (a)(1))[1] carrying a concealed weapon while an active member of a criminal street gang, (§ 12025, subd. (b)(3)) and being a felon in possession of ammunition (§ 12316, subd. (b)(1)). He contends the judgment must be reversed because (1) the carrying a concealed weapon count is not supported by substantial evidence, (2) the trial court instructed the jurors incorrectly, and (3) the court erred when sentencing him. We agree appellant’s conviction for carrying a concealed weapon while an active member of a criminal street gang is not supported by substantial evidence. Accordingly, we will reverse the judgment and remand for a new sentencing hearing.
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