People v. Graham CA2/4

INTRODUCTION AND PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging defendant and appellant John Graham with possession of a firearm by a felon, and alleging he had previously been convicted of five felonies. (Pen. Code, § 29800, subd. (a)(1).)1 The jury found him guilty, and the trial court sentenced him to a midterm of two years in state prison. Graham timely appealed. On appeal he argues: (1) his conviction violated the Second Amendment; and (2) the trial court erred by admitting evidence that, when police discovered the firearm in Graham’s car, they also discovered marijuana and over $4,000 in cash. We reject these contentions and affirm the judgment.

FACTUAL BACKGROUND

On July 21, 2021, around 8:00 p.m., Graham was driving an Audi with two passengers in the car, when Los Angeles Police Officer Emanuel Ramirez conducted a traffic stop. As Officer Ramirez approached the Audi, he smelled the strong odor of what he believed was marijuana, and he saw multiple jars containing marijuana under the front passenger seat. Officer Ramirez searched the Audi and discovered a loaded firearm. The gun had a bullet in the chamber. Officer Ramirez…