The Court of Appeal remanded the matter to the trial court with instructions to strike the conviction on one of the two counts of being a felon in possession of a firearm. The convictions were based on two distinct incidents occurring two days apart. The court noted that this offense is a continuing offense, and there was no evidence that the defendant used two different guns or that he ever lost and regained control of the one gun. The Court further instructed the trial court to consider whether to exercise its discretion to strike the firearm enhancements and to hold a hearing in which the defendant can make an adequate record of any and all youth-related factors in anticipation of his eventual youth offender parole hearing.
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