P.
P. v. Piper CA3
Opinion
Opinion
BACKGROUND
Defendant was stopped for a minor traffic infraction. A prescription pill fell to the ground when he got out of his car. After defendant consented to a search of the car, an officer noted a female passenger trying to conceal something in her purse. Defendant first said he would take responsibility for whatever was inside the purse; it was then
1 found to contain a loaded .380-caliber pistol. Defendant then said the pistol was not his and his “mind was blown” over its presence in the purse. Defendant’s passenger said the pistol was under the driver’s seat, and she slipped it into her purse when they were stopped. The firearm was not registered to defendant. Defendant pleaded guilty to carrying a loaded firearm in a public place, a felony, (Former Pen. Code, § 12031, subd. (a)(1))1 and the trial court placed him on three years of formal probation. Subsequently defendant admitted to violating his probation by failing to appear in court and the trial court terminated his probation, sentenced him to three years in county jail (§ 1170, subd. (h)), imposed various fines and fees, and awarded him 289 days of presentence credit (145 actual and 144 conduct). Defendant appeals.…