*1 S145231. Oct. 2007.] [No. PEOPLE,
THE Plaintiff and v. Respondent, LAMAS, JR.,
ROBERT ANTHONY Defendant and Appellant.
Cоunsel Court, Stechel, for Defendant under Supreme Howard J. appointment and Appellant. General, Brown, Jr., R. Robert G. Attorneys
Bill and Edmund Lockyer General, Gillette, W. Gary Chief Attorneys Anderson and Dane R. Assistant General, Dutton, Schons, Getting James D. Steve Assistant Attorney Mandel, General, Plaintiff and Respondent. Melissa for Attorneys Deputy Opinion
CHIN, the California Street Penal Codesection 186.221 is a provision J. Act, known as the STEP Act. Terrorism Enforcement and Prevention also *4 12031, (a)(1), et subdivision is 186.20 A violation of section seq.) misdemeanor a loaded firearm in Subdivision public. offense а if committed (a)(2)(C) of section 12031 elevates the offense to felony (a) of “an active in a criminal street as defined in subdivision gang, participant “an in Section 186.22.”2 We active recently participant interpreted phrase in (a) a criminal street as defined in subdivision of Section 186.22” gang, 12031, firearm (a)(2)(C) subdivision to mean that loaded “carrying becomes a a defendant in under section when public elements 186.22(a).”3 satisfies the offense in section described 120, Robles (People 1106, (2000) v. 23 Cal.4th 1115 5 P.3d Cal.Rptr.2d [99 (Robles), added.) italics 176] case, 186.22(a)
In we consider the bеtween sections this again interplay 12031(a)(2)(C).4 and We conclude in order to establish the elements 1 statutory All further references are to the Penal Code. 2 186.22, (a), “[a]ny actively participates who provides Section subdivision that engaged in a knowledge engage criminal street that its members in or have furthers, gang activity, willfully and or assists in promotes, who as a misde gang,” punished criminal conduct members of that shall be either felonious felony. meanor or as a 186.22, 186.22(a), (a) as section Throughout opinion, this we refer to section subdivision (a)(2)(C) 12031(a)(2)(C), to section to section subdivision as section (b)(3) (a)(2) 12025(a)(2), as section and to section subdivision subdivision as section 12025(b)(3). 12025(a)(2) carrying a concealed firearm. Section defines the misdemeanor offense of (b)(3) if committed “an active of section 12025 elevates the offense to a Subdivision In order in a criminal street as defined in subdivision of Section 186.22.” participant us, holding legal discuss the effect of our simplify analysis single to our of the issue before we satisfy defendant’s regarding proof required the elements of section on to 12025(b)(3) opinion. later in this convictiоn under section 186.22, that other must among things, prosecution prove furthered, members of member or assisted charged gang willfully promoted, distinct from that his criminal conduct his otherwise conduct of a loaded firearm in misdemeanor on his This to the substantive concealed conclusion weapon person. applies that defendant is an active of a criminal charge (§ 186.22(a)) and to the offenses that elevate felonies only to gun upon proof Robles’s 186.22(a). that under section defendant satisfied requirements
I. FACTS a.m., of the Buena Park Police At 3:15 Officer Thomas Carney Department noticed defendant without the When Officer riding bicycle required lights. officer, illuminated defendant with a defendant looked at the Carney spotlight, head, around, shook his turned his rode to the back of a bicycle nearby restaurant, command his Officer dropped bicycle. Despite Carney’s defendant a wall ran to over it. stop, jumped he As Officer went over wall noticed Carney pursuit, “glaring near where defendant had scaled the wall. From that object” planter retrieved a .45-caliber firearm contained Ruger planter police Vaquero five bullets. The which was even the dirt in the was gun, dry though planter wet, it was did not of the house in whose belong occupants yard located. That others had been stolen earlier. The owner of the and four gun A stolen testified that he did not believe defendant had taken them. guns *5 second officer located defendant crouched a wall in a a few houses yard from where the was found. away gun Chlebowski, team,”
Detective a member of a “tri enforcement gang agency testified that he believed defendant was an active member in the Baker Street and that defendant in a rival when he was arrested. was gang gang’s territory arrested, that defendant defendant Chlebowski was alone when acknowledged time, was not in contact with other members at that there was no gang member, evidence with other and linking Ruger gang only Vaquero defendant “would know he was that that why gun day.” on been Chlebowski testified that Baker Street members had gang recently offenses, no evidence that involved in various but he presented police of, in, had reason to believe defendant was aware or involved felonious conduct. gang’s
Defendant with the four felonies: active charged following was participa- 186.22(a)); member loaded firearm in (§ tion in a active firearm on (§ 12031(a)(2)(C)); active member concealed public (§ 12025(a)(2); 12025(b)(3)); his and stolen receiving property § misde- with one defendant charged also (§ (a)). subd. The information (a)(1)). In meanor, (§ conjunc- subd. an officer obstructing resisting defendant that alleged the information firearm charge, with loaded tion of, of, and in at the direction “for the benefit the offense committed STREET, with the speсific street gang, criminal association with BAKER of that further, members in criminal conduct and assist intent to promote, 186.22, (b)(1)). subd. gang” in a criminal an active guilty being
The found defendant jury (counts offenses 5), felony gun elevated (count street gang gang-related not 4). guilty found defendant (count arrest The 2), jury and resisting defendant allegation and it found not true stolen receiving property, of, of, or in at the direction “for the benefit had carried the loaded weapon affirmed the criminal The Court of street gang.” Appeal association with any offenses to felonies рursuant misdemeanor gun elevation of defendant’s the misdemeanor 12025(b)(3). It also affirmed 12031(a)(2)(C) and sections terrorism conviction reversed count 5 street arrest conviction. It resisting count and it stayed lesser included offense of on the basis that it was a 654. We review. granted count to section pursuant
II. DISCUSSION offense of to establish the substantive Defendant contends in order he must People prove active in a criminal street gang, participation furthered, of his gang or assisted promoted, distinct a firearm in offense of carrying his otherwise misdemeanоr from offense under section in order to meet the elements of the substantive trial court’s instructions 186.22(a). improperly Defendant also contends the the three gang-related to each of regard eliminated that requirement We charges. agree. The Statutes and Instructions Jury Relevant
A. ante, actively who that “[a]ny person As noted provides *6 that its members with knowledge in criminal street any gang participates and who gang activity, in of criminal in or have a engaged pattern engage criminal assists in any or furthers, willfully promotes, that for a members a or gang,” either for misdemeanor shall be punished of added.) (Italics felony. in a criminal of active the offense participation
With substantive regard the jury, court instructed (§ 186.22(a)), the trial in count 5 charged street gang includes a loaded carrying criminal conduct “[fjelonious in that part, firearm in a a public place by member ... or.. . a concealed gang carrying firearm a member.”5 by gang (Italics added.) a loaded firearm in a
Carrying is a misdemeanor. public place generally (§ (a)(1), (2)(G).) subd. The crime elevates to a if certain felony cоnditions are met. One such condition is the is an active person “[w]here in a criminal street as defined in of Section participant gang, subdivision ____” (§ 12031(a)(2)(C).) 186.22 With loaded-firearm offense in count 1 regard charged submitted, 12031(a)(2)(C)), and the trial court a prosecution gave, 12.54.1, modified version of CALJIC No. in relevant as follows: part, “Every who, with of its person knowledge carries a loaded presence, unlawfully firearm on his while in and that is an active person public place person furthers, in a criminal street participant gang, or willfully promotes, assists in feloniоus criminal conduct members of that guilty of the violation (a)(2)(C), of Penal Code section subdivision which is crime, instruction, a . . . In this the term ‘active means that participant’ [f] [][] must have a with the criminal street that is more person relationship gang inactive, than name Felonious in only, technical. passive, purely [][] conduct, criminal the term here includes a loaded or concealed possession of . . .” (Italics added.) firearm.
The trial court then instructed the in order to jury, prove offense of a loaded firearm in “each of the following public, one, elements must be Number a carried a loaded firearm on proved: person two, his while on a a person street or in Number public public place. three, had of the of the firearm and number at the person knowledge presence time the was an active in a person criminal street Number gang. four, the of that members in or have of gang engaged engaged pattern five, criminal Number gang knew that the members activity. gang in or have engaged a And gang activity. six, either directly actively committed or aided number and abetted committing сrime[] loaded while member.” being (Italics added.) The firearm “[fjelonious trial court then reiterated that criminal conduct includes carrying a loaded firearm in member.” public by
B. The Robles and Castenada Decisions above,
As stated in relevant provides, part, that the offense of loaded firearm in a elevates to a public place “possession property” We do not discuss the inclusion of of stolen in the trial court’s list of receiving guilty criminal conduct” because defendant was found not stolen “felonious property in this case.
523
street gang,
in
criminal
is an active participаnt
“[w]here
Robles,
. ...”
In
we noted
(a)
defined
186.22
in subdivision
of Section
as
however,
12031(a)(2)(C),
of section
language
to the
“[c]ontrary
express
the statutory
. . . does not at all
section of 186.22
(a)
subdivision
of
define
”
(Robles,
supra,
gang.’
in a criminal street
‘an active participant
phrase
1111.)
Cal.4th at p.
906, 3 P.3d
Castenada
People v.
(2000)
participa[tion] . . . .” (People v. than or with the is more nominal passive involvement Castenada, Robles, 12031(a)(2)(C)’s 745.) at In we construed “section p. in a criminal street as defined in subdivision gang, ‘active phrase defined in (a) to the substantive offense referring of Section 186.22’ as (Robles, supra, 186.22(a).” 1115.)6 at Cal.4th p. defined in has three elements. The substantive offense that in the sense of Active in criminal participation participation element of the substantive offense is more than nominal or is first passive, 186.22(a). that “knowledge defined in section The second element is [the in have of criminal gang or gang’s] engage engaged pattern that “willfully and the third element activity,” promotеs, furthers, criminal conduct members of that by or assists in any (§ 186.22(a).) gang.” Robles held that
Therefore, in becomes a a loaded firearm “carrying 12031(a)(2)(C) under when a defendant satisfies the elements “ 186.22(a)” in of the offense described in section ‘actively participating] its members in or have engage criminal street that knowledge and ‘willfully gang activity’ promoting], members of felonious criminal furthering] assisting] (Robles, supra, 1115.) at (§ 186.22(a).)” 23 Cal.4th gang.’ p. statutory language “as defined in subdivision of Section In order to construe the 186.22,” drafting language as legislative we undertook to determine whаt the intent was (Robles, 1111.) supra, 12031(a)(2)(C). that “the p. 23 Cal.4th at We found used in section regarding” Legisla legislative history g[ave] guidance no clear (Id. 1114.) following rule of meaning. p. Consequently, intended at we looked ture’s “When, here, reasonably susceptible of statutory language penal law is construction: as reasonably favorably to criminal defendants as interpretations, two we construe the law ‘as law application particular of the statutory language and circumstances of permitted (Id. 1115.) at p. at issue.’ [Citations.]” *8 Robles When a Member Is with a Application Gang Charged
C. Misdemeanor Gun Offense Robles that mere that defendant is more than a suggests proof nominal member of a criminal street that he committed the misdemeanor offense of a loaded firearm in sufficient to carrying is not 12031, satisfy 186.22(a) elements of section or to elevate a section (a)(1) subdivision misdemeanor violation to a under section case, 12031(a)(2)(C) 186.22(a). of section In the we by operation present hold in order to the elements of the substantive offense defined in prove 186.22(a), (1) section must that defendant is more than prosecution prove (2) a nominal member of a criminal street that he had gang, “knowledge its members have or in a engage (3) furthered], and that he activity,” “willfully promot[ed], assisted] in . . . criminal (§ 186.22(a), conduct members of that by gang” felonious is distinct his otherwise misdemeanor conduct added) italics from a loaded weapon public. all words, satisfied, In 186.22(a)’s other be elements must furthered, that defendant including or assisted felonious willfully promoted, conduct his fellow 12031(a)(2)(C) section to applies before (a)(1) elevate defendant’s section subdivisiоn misdemeanor offense to Stated section section felony. conversely, applies only after conduct distinct completely 186.22(a) has been satisfied otherwise from misdemeanor conduct of a loaded in violation of section weapon Therefore, (a)(1). subdivision defendant’s misdemeanor conduct— being gang member who carries a loaded firearm in satisfy public—cannot element, conduct, 186.22(a)’s section third and then be used to elevate otherwise misdemeanor offense to a felony. misdemeanor conviction under section
The that a People acknowledge prior 186.22(a) cannot the elements of section 186.22 or the elements of satisfy section 12031(a)(2)(C). concede that “misdemeanor convictions do not They conduct[,]’ constitute ‘felonious criminal with a misde- prior [s]o 186.22, meanor conviction for section subdivision is not in violation of (a)(2)(C), subdivision the current firearm unless charged itself constitutes ‘felonious criminal conduct’ . . . .” It possession logically misdemeanor follows that cannot constitute “felonious similarly criminal conduct” within the 186.22. meaning
The sаme force to the between logic applies equal interplay 12025(b)(3), and section the section that elevates the misdemeanor offense of a concealed firearm on one’s 12025(a)(2)) if committed “an active (a) of Section 186.22.” defined in subdivision
criminal as in analyz In Robles we used rules of construction (§ 12025(b)(3).) statutory *9 12031(a)(2)(C). section of this in the context of the ing meaning phrase of the 12031(a)(2)(C) were both enacted as 12025(b)(3) part Sections and 1995, on a carrying gun. of and both focus they Anti-Street Crimes Act 1996, 787, 1, 2, 3, 4152, rule of 4153.) “It is an established (Stats. ch. pp. §§ of one bе construed in light construction that similar statutes should statutory are in materia similar pari [citations], phrases another and that when statutes v. (People like meanings. in each should be given appearing [Citations.]” 859, 562, 274], 580 P.2d Caudillo (1978) 585 Cal.Rptr. 21 Cal.3d [146 225, 229, (1999) Cal.4th People in v. 20 overruled on other grounds Martinez 533, 237, our 512].) We therefore apply fn. 6 973 P.2d Cal.Rptr.2d [83 in Robles to the identical 12031(a)(2)(C) language interpretation Thus, that a 12025(b)(3). there must be evidence found in section furthered, conduct other by gang defendant or assisted promoted, felonious members distinct a his otherwise misdemeanor оffense of carrying from a to concealed firearm on his to elevate the offense to felony pursuant person evidence, 12025(b)(3). section Without the cannot additional prosecution elements, 186.22(a)’s and the misdemeanor offense of satisfy carrying 12025(b)(3). a concealed firearm cannot be elevated to a under section felony case, In the in with to the substantive instructing jury regard present offense of active in a criminal street in count gang charged participation (§ “[fjelonious 186.22(a)), the trial court stated that criminal сonduct includes member, a loaded firearm in a a of carrying gang public place by possession member,” stolen . a and or . . a concealed firearm property gang crime, must be order to this each of the elements following prove “[i]n [(fl] 1. A in a criminal street proved; actively gang; person participated [f] 2. The in or have in a gang engaged engaged members of that pattern criminal knew that 3. That gang activity; [<J[] and in or have engaged engaged gang activity; [][] That or aided and abetted actively either committed directly 4. оther members in loaded committing crime[] the element of (Italics added.)7 The count 5 instructions removed firearm.” find that in criminal conduct and to jury involvement felonious required offense, namely, defendant committed or aided and abetted a misdemeanor (a)(1)), than a subd. rather loaded firearm 186.22(a). offense as is required in court with to the loaded-firearm offense Similarly, regard charged in count the trial court concealed-firearm offense charged the felony (2007) No. 1400 Jury Judicial Council of Criminal Instructions CALCRIM California in a criminal street jury participаtion the standard instruction for the crime of active contains gang. instructed that defendant erroneously regard required finding further[ed], or felonious criminal “willfully promote[d], assisted] criminal (§ 186.22(a)), members of gang” [his] “[flelonious conduct, the term here includes a loaded or concealed possession of firearm.” (Italics added.) The on the omitted an instructions offenses felony gun because, element in the list of the elements a violation of necessary prove 12025(b)(3), and a violation of section instructions committed, to find that defendant or aided and abetted jury only required misdemeanor, member in rather than that defendant had committing, criminal conduct. *10 An instructional error that describes or an element of the omits improperly crime from the consideration is error” standard jury’s subject “harmless Chapman 18, (1967) of review set forth in v. U.S. 24 386 California (People 705, 470, Flood (1998) L.Ed.2d 87 S.Ct. v. 18 Cal.4th [17 824]. 180, 869].) 502-504 it 957 P.2d We thus consider whether Cal.Rptr.2d [76 beyond reasonable doubt the instructional error did not appears (Chapman California, supra, contribute to the verdict. U.S. at jury’s v. 386 Chapman standard, 24.) the we that the trial court’s p. Applying conclude 186.22(a) instructions the third element of section regarding were prejudicial as to all three The gang-related counts. found defendant not felony jury guilty Robles, and, here, the of as in charge, receiving-stolen-property of, no evidence that defendant knew or was involved prosecution presented (Robles, in, supra, felonious conduct his 23 members.8 prior “[Sjection 1115.) 186.22(a) Cal.4th at who limits to those pp. liability further, or assist a committed members and promote, by gang specific v. (People who know of the gang’s gang activity.” Castenada, supra, 749.) 23 Cal.4th at Once found defendant was p. jury not stolen was it that guilty receiving there no evidence before property, conduct, defendant felonious either suggested engaged concurrently with, to, or his misdemeanor offenses.9 it is gun Accordingly, prior apparent that the gang- instructional error affected the three verdicts that rested on related evidence.
We conclude that the trial court committed error when it prejudicial 186.22(a), removed an essential element from its instructions defining that, turn, 186.22(a) and the instructional error regarding prejudi- removed that sаme element from its instructions sections cially defining case, jury We note in the was not present specifically also found that defendant acting gun on behalf of his while he was a loaded on the date he was arrested. briefing regarding We do not address the issue raised in whether the felonious conduct contemporaneously requirement in section can be satisfied with conduct that occurs gun with otherwise misdemeanor because the record does not contain evidence offenses Lamas, conduct, Jr., concurrently Anthony defendant Rоbert either with, to, prior gun his misdemeanor offenses. 12025(b)(3). and convictions as to Accordingly, defendant’s
counts 1 and 2 must be reversed. Count 5 has been reversed already albeit other Defendant’s grounds. Court on Appeal, (a)(1) subdivision misdemeanor conviction unaffected this conclusion.
in. CONCLUSION We reverse in and affirm in of the Court of part part judgment Appeal. We remand the matter to the Court of for further Appeal proceedings consistent with this opinion. L, Kennard, J., J., Moreno, L, C.
George,
concurred.
Werdegar,
BAXTER, J.,
I concurin the
Concurring.
majority’s holding, solely
reluctantly
(2000)
under
v. Robles
I. to the “state of in Responding crisis” California “caused violent street threaten, terrorize, gangs whose members and commit a multitude of crimes Code, 186.21, against (Pen. citizens of their peaceful neighborhoods” § 2d all further par.; statutory references are to this code unless otherwise indicated), our lawmakers the California passed Street Terrorism Enforcement and Prevention Act et 186.20 and later the Anti-Street Crimes Act of seq.), 1996, 787, 1, 2, 3, (Stats. 4152, 4153). 1995 ch. But pp. alleviating §§ this crisis remains more difficult considerably because this court in a persists flawed construction of anti-street-crime two legislation elevates firearm offenses from misdemeanors to felonies when the defendant is an active 12031, in a (See (a)(2)(C) (hereafter criminal street participant gang. subd. § section 12031(a)(2)(C)) firearm]; (b)(3) [carrying loaded subd. § (hereafter 12025(b)(3)) firearm].) section a concealed [carrying terms,
itsBy 12031(a)(2)(C) section when a authorizes punishment carrying loaded firearm in “is an active criminal street as defined in subdivision of Section 186.22” Robles, (hereafter 186.22(a)). In a decision 23 Cal.4th supra, preceding “ 1106, this court concluded that a defendant unanimously ‘actively partici- 186.22(a),” in any criminal street within the of section pates gang,’ meaning “ or more than nominal pas- ‘is defendant’s involvement when the ” v. Castenada (2000) 23 Cal.4th Cal.Rptr.2d (People [97 sive.’ in Robles explained, it logically as dissent 278].) my 3 P.3d Accordingly, a loaded “the crime of 12031(a)(2)(C), undеr section follows misdemeanor, becomes punish- as a normally punishable firearm in public, is more than nominally the firearm when the able as a (Robles, supra, 23 Cal.4th street gang.” with a criminal or involved passively Baxter, J.).) (dis. at of opn. p. of reading commonsense this natural
Disregarding to authorize felony the statute the Robles construed 12031(a)(2)(C), majority that the defend- further proof firearm violation only upon for the punishment three 186.22(a), following which entails violated section ant actually a criminal gang; in (1) the defendant actively participates elements: have in members or (2) engage that its knowledge furthers, or (3) willfully promotes, the defendant criminal gang activity; (See of that gang. felonious criminal assists Robles, 1115.) 23 Cal.4th at p. supra, Robles, the court here compelled taken
Following
analytical path
only
is possible
under section
to hold that felony punishment
186.22(a),
violation
can prove
complete
if the prosecution
rule,
Under this
charge.
the current firearm
without sole reference to
assisting
furthering,
186.22(a)’s
willfully promoting,
third element
satisfied by proof
members cannot be
conduct by gаng
felonious criminal
firearm,
established
but must be
a loaded
incident of
charged
felony.
of a
separate
proof
in section
because nothing
to find Robles problematic
I continue
those
intended to target only
it is
12031(a)(2)(C)’s
text or history suggests
*12
186.22(a) and
section
who have violated
active gang participants
gun-toting
other,
Not
is
only
felonies.
gang-related
involved in
separate,
thus have been
it
matter
but as a practical
in this regard,
construction unsupported
Robles’s
measure.
an anti-street-crime
as
meaningful utility
the statute of any
strips
сoncession
not disavow its earlier
here does
the court
Significantly,
12031(a)(2)(C)
leaves prosecutors
of section
Robles
that its construction
commits a violation
where a defendant
in cases
little use for the provision
“It is
firearm in
true
public:
a concealed
186.22(a) while carrying
section
as a
results
186.22(a),
felony,
when punished
a violation of section
of that
maximum
true that a violation
It is also
sentence.
three-year prison
(a)],
12021.5[, subdivision
section
a firearm
carrying
triggers
section while
in state prison.
to three years
of up
additional punishment
which imposes
186.22(a)
section
Thus,
violating
a defendant
correct
are
People
while
a loaded firearm could be
to a
term of
subject
longer
(six
than the maximum
term for
years)
three-year
violating
imprisonment
(Robles,
supra,
12031(a)(2)(C)
1113.)
section
. . . .”
23 Cal.4th at
p.
Robles
In the face of this obvious
offered an
theory
alternative
deficiency,
to
12031(a)(2)(C)’s
existence:
have
justify
Legislature may
“[T]he
12031(a)(2)(C)
enacted section
to
cover
situation not
to
subject
felony
186.22(a):
under section
when the
the loaded
punishment
person
at some other time committed a violation of section
firearm had
186.22(a).”
(Robles,
supra,
This also not disavowed is for two reasons. unconvincing First, section 12031(a)(2)(C) for explicit authorizing punishment is an active a firearm violation in a criminal participant “[w]here Hence, (Italics added.) street gang.” of the statute defies wording notion that it is intended to where the defendant “was” an apply previously 186.22(a) active who violated at some other time in participant (Robles, Baxter, supra, (dis. J.).) 23 Cal.4th at past. p. opn. Second, there to be a narrow of defendаnts who not appears only range would be to already subject 12031(a)(2)(C) where section felony punishment might i.e., those defendants who apply, were convicted of misdemeanor previously 186.22(a), violations of section 186.22(a) and those who violated section at time, some but the statute of had previous limitations run. As the People point out, it is 12031(a)(2)(C) enacted section highly unlikely Legislature these target only defendants. particular
While I continue to have with the con- significant disagreements court’s correct, 12031(a)(2)(C), struction of section I whether or not agree same between section and section analysis governs interplay 12025(b)(3), misdemeanor which elevates the offense of a concealed firearm on one’s to a if committed “an active a criminal as defined in subdivision of Section 186.22.” ante, (§ 12025(b)(3); 523.) see at both the court’s maj. opn., p. Accordingly, analysis alternative my analysis apply identical set forth in language 12025(b)(3).
H. *13 case, In this the evidence showed that defendant was an active member of a criminal street and that he with a gang’s was a rival territory (See concеaled and loaded before he was arrested. gun shortly maj. opn., ante, 520.) at desire to stem criminal p. Despite express legislative armed, violence and as active such severely punish gang participants Robles, defendant, faithful application statutory analysis adopted evidence of separate means without 23 Cal.4th supra, his two firearm for conduct, receive no harsher punishment defendant can no ties whatso member of ordinary than any offenses ever. 12031(a)(2)(C), Robles as our court’s interpretation
Accepting that defendant’s 12025(b)(3), agree I reluctantly extension section erroneous instruction. be reversed due to must firearm convictions 1, concurred. Corrigan,