The Court of Appeal agreed with the appellant that there was insufficient evidence to support his conviction of assault a firearm (Pen. Code, § 245, subd. (a)(2)). The evidence showed the firearm was unloaded or inoperable at the time of the alleged assault, and the prosecution presented no evidence that appellant nevertheless had the “present ability[] to commit a violent injury on the person of another” with the firearm. (§§ 240, 245, subd. (a)(2).) The Court of Appeal vacated the conviction and remanded the matter for resentencing.