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Name: People v. Padilla
Case #: B148513
District 2 DCA
Division: 4
Opinion Date: 05/01/2002
Subsequent History: Rev. denied 7/17/02.

Appellant was convicted of a violation of Penal Code section 12025, subdivision (a)(3) which prohibits the carrying of a concealed weapon in a vehicle. On appeal, appellant argued that there was insufficient evidence that he brought the weapon into the car. The appellate court here affirmed. The statute does not require that a defendant bring the gun into the car, only that he conceal it within. Here, appellant concealed the gun between the seats, and that was sufficient for purposes of the statute. Further, appellant argued that there was insufficient evidence because his statement that the gun was not his was uncontradicted. The jury was entitled to discredit appellant’s self-serving statement. Counsel was not ineffective for failing to request a pinpoint instruction that “temporary possession” was a defense. Trial counsel could reasonably have concluded that such an instruction would not have helped. Further the strength of the prosecution evidence negated any reasonable probability that the outcome would have been more favorable had counsel requested such an instruction. Possession of a gun by an ex-felon is not a lesser included offense of carrying a concealed weapon in a vehicle. It is theoretically possible to cause a firearm to be concealed within a vehicle which is not in one’s possession. Therefore, appellant could be sentenced on both offenses, though one count was properly stayed pursuant to section 654.