People v. Shaver CA3

BACKGROUND

In January 2023, Shaver pled guilty to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count I),1 unlawful possession of ammunition (§ 30305, subd. (a)(1); count II), and possession of a short-barreled shotgun (§ 33215; count III). Shaver also admitted to a prior strike conviction. In exchange for his plea, the People agreed not to pursue “dissuading-type charges” against Shaver and his family members. This was an open plea, and the parties agreed the maximum term available was seven years four months. In its presentencing report, the Probation Department (the Department) noted that “[g]iven [Shaver’s] youthful age, he has an extensive juvenile and adult criminal record.” Shaver’s criminal history includes a sustained wardship petition for obstructing a public officer in 2012, and another one for possessing a firearm at a public school in 2013. As an adult, Shaver was convicted of selling marijuana (Health & Saf. Code, § 11360, subd. (a)) in 2015 and sentenced to three years in state prison. Concurrent to that term, Shaver was sentenced to two years for first degree residential burglary. (§ 459.) Shaver was convicted of a separate first…