State v. Humphries

¶1 Mario Humphries fired a gun at a police officer. A jury convicted him of second degree assault with a deadly weapon — including a firearm enhancement finding, third degree assault, and first degree unlawful possession of a firearm. He appeals the unlawful firearm possession conviction, arguing that his counsel’s tactical stipulation to the serious offense element over his objection violates his federal and state constitutional right to a jury trial and to due process. Because Humphries waived or abandoned his objection when he changed his mind and signed the stipu*782lation after conferring…