People v. Chism CA4/2

I. FACTUAL AND PROCEDURAL HISTORY

The People charged defendant by information with being a felon in possession of a

firearm (count 1), being in possession of a controlled substance while armed with a

firearm (Health & Saf. Code, § 11370.1, subd. (a), count 2), and being in unlawful

possession of ammunition (Pen. Code, § 30305, subd. (a)(1), count 3).

Pursuant to a plea agreement, defendant pled no contest to the count 1 offense. On

the People’s motion, the court dismissed the remaining charges.

The court sentenced defendant to three years in state prison but suspended

execution of the sentence; the court placed defendant on formal probation for two years

on various terms and conditions, all of which defendant had previously discussed with his

counsel and to which he agreed.

One of the probation conditions requires that defendant, “not remain in or reenter

the United States without proper written authorization by the Department of Homeland

1 Prior to oral argument, defendant filed a motion to anonymize his name in the opinion. We deny the motion. (People v. Gregor (2022) 82 Cal.App.5th 147, 152.)

2 All further statutory references are to the Penal Code unless…