In what circumstances will a defendant be found guilty of possessing a firearm?

In People v. Hernandez (2013) 217 Cal.App.4th 559, the defendant was charged with illegally possessing a gun and ammunition. (Id. at p. 562.) The prosecution introduced evidence that police found a gun in the car driven by the defendant, and there was also evidence the defendant had a gun at his girlfriend's apartment hours earlier. (Id. at pp. 566, 571.) The defendant asserted separate defenses to each possessory act, contending he did not have a gun at his girlfriend's apartment and he did not have dominion and control over the gun in the car. (Id. at p. 574.) The court found "the circumstances surrounding each instance of possession . . . were significantly different. They were separated in time and in space, and [the] defendant tendered different defenses to each instance of possession." (Id. at p. 576.) While the court recognized different defenses were presented, the different circumstances surrounding each possessory act also favored a unanimity instruction.