The People v. Boykin CA5

FACTS

Defendant Joshua Cody Boykin was charged with the following crimes in a second amended information: count I – possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)1); count II – possession of ammunition by a felon (Pen. Code,2 § 12316, subd. (b)(1) ); and count III – misdemeanor driving with a suspended license (Veh. Code, § 14601.2, subd. (a).) Four identical prior convictions were alleged as to each of counts I and II: a July 25, 2007, conviction for violating section 245, subdivision (a)(1); and three June 15, 2010, convictions for violating sections 12021, subdivision (a)(1), 243, subdivision (d), and 245, subdivision (a)(1). The same four convictions were alleged as section 667.5, subdivision (b) enhancements. The June 15, 2010, conviction for violating section 243, subdivision (d) was also alleged as a prior strike. Defendant pled guilty to count III. Defendant ostensibly admitted all four prior convictions. A jury convicted defendant on counts I and II. The court sentenced defendant to a total of five years in prison.

TRIAL EVIDENCE

Prosecution’s Case On October 22, 2011, Lynne Bird was on duty as a law enforcement officer for the U.S. Forest…