People v. Lowe CA4/1

INTRODUCTION

In April 2023, Curtis Lowe threatened to harm Troy H. Troy called law enforcement for help, and four San Bernardino Sheriff’s Deputies responded. The deputies found Lowe and his girlfriend in a small bedroom they shared. Lowe was manifestly intoxicated. The room was littered with drugs and drug paraphernalia. Amongst the clutter, deputies found a 12-gauge shotgun shell cartridge on the floor right next to the narcotics and other contraband. They also found a loaded shotgun inside a black container right by the bedroom door. A jury convicted Lowe of three offenses involving the possession of contraband. He contends (1) the trial court mis-described the element of “ ‘personal possession’ ” in its instruction to the jury on the offense of being under the influence of a controlled substance while in possession of a loaded, operable firearm; (2) his sentence, which consists of three consecutive terms, is unauthorized because it punishes a single act three ways; (3) the court abused its discretion when it selected and imposed the upper term for one of his convictions without proper consideration of his childhood trauma; and (4) the court erred when it failed to state its…