People v. Bay
Annotate this CaseThe Court of Appeal affirmed defendant's felony convictions for possession of a firearm and ammunition, holding that substantial evidence supported a finding that the contraband was in defendant's constructive possession. However, the court reversed the misdemeanor conviction of possessing burglary tools, because no evidence supported a finding that any such tools were upon defendant in his possession. In this case, even though defendant had constructive possession of the backpack and it contained the lock pick set, he was not carrying the backpack. The court also held that the trial court erred by staying instead of striking one of the prior prison term enhancements. The court otherwise affirmed the judgment.
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