 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Calos6/25/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Fernando Carlos appeals from the judgment entered following a jury trial that resulted in his conviction of possession of methamphetamine while armed with a loaded, operable firearm (count 1) and possession of a firearm by a felon (count 3). (Health & Saf. Code, § 11370.1; Pen. Code, § 12021, subd. (a)(1).) The jury was unable to reach a verdict on a charge of possession of methamphetamine for sale and the trial court dismissed the charge in the interest of justice. The court sentenced defendant to prison for a total term of three years eight months. We modify defendant's award of precommitment credit and affirm the judgment.
BACKGROUND
At approximately 5:00 p.m. on July 1, 2000, four Los Angeles County Sheriff's Department deputies went to defendant's residence to arrest him on an outstanding warrant for driving under the influence . One of the deputies peered into a window of the residence's garage and saw defendant sitting at a desk weighing methamphetamine on a small scale.
The deputies entered the garage, handcuffed defendant, and took him to the kitchen. After waiving his constitutional rights to remain silent and to have an attorney present, defendant told the deputies that there were guns in the garage and consented to a search.
The garage appeared to be converted to a bedroom. Inside were a bed, a closet, a desk, some shelves, and a laundry area. The deputies found a .40-caliber handgun underneath the pillow on the bed. The handgun was located "within arm's distance" from where defendant was seated when he was weighing the methamphetamine. There was one bullet in the handgun's chamber and five bullets in a magazine that had been inserted in the handgun.
The deputies found two shotguns and a rifle underneath the mattress. One of the shotguns, a 16-gauge, had a shell in its chamber. The rifle and other shotgun were not loaded, but the deputies found ammunition and clips for these firearms elsewhere in the garage. The deputies also found ammunition for a .32-caliber handgun, two 16-gauge shotgun shells, and a .40-caliber bullet on a shelf above the desk. The firearms underneath the mattress were "within arm's reach, right behind" where defendant was seated at the desk.
In addition, the deputies found three baggies of methamphetamine, a large digital scale, several unused small baggies, two cellular telephones, a glass pipe, 16.2 grams of marijuana, and a telephone bill in defendant's name. The amount of methamphetamine found was 17 grams and worth approximately $300 to $500. When asked by one of the deputies about the methamphetamine, defendant claimed that he had just purchased the drugs and was weighing them to make sure that he had not been cheated.
Evidence was also presented that on May 24, 1994, defendant was convicted of a felony.
In defense, defendant's brother testified that seven people live in the residence, three of whom used the laundry area in the garage. Defendant's former girlfriend, Maricela Vasquez, testified that before she went to work on July 1, 2000, she went to the garage and left some clothing, makeup and the handgun there because she intended to stay the night with defendant. Vasquez inserted the magazine into the handgun, set the safety, and put the gun underneath defendant's pillow. She claimed that defendant was no
Page 1 2 3 4 5 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|