People v. Smith CA6

I. BACKGROUND

A. The Operative Information

The Santa Cruz County District Attorney charged Smith with the following 13 counts, the first seven of which derive from the November 2018 vehicle search that is the subject of this appeal: street terrorism (Pen. Code, § 186.22, subd. (a); count 1),1 two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1); counts 2 & 8), carrying a loaded handgun in a vehicle in public (§ 25850, subd. (a); count 3), two counts of having a concealed firearm in a vehicle (§ 25400, subd. (a)(1); counts 4 & 10), unlawful firearm activity (§ 29825, subd. (a); count 5), two counts of possession of ammunition by a prohibited person (§ 30305, subd. (a)(1); counts 6 & 11), possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 7), carrying an unregistered loaded handgun (§ 25850, subd. (a); count 9), misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377; count 12), and misdemeanor possession of heroin (Health & Saf. Code, § 11350; count 13). As to counts 1 through 5 and 7 through 10, it was further alleged that Smith was armed with a firearm. (§ 1170.12, subd.…