People v. Drake CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Drake with 11 counts: counts 1 and 2—converting a firearm into a machinegun (Pen. Code, § 32625, subd. (b))1; counts 3 and 4—possession of a machinegun (§ 32625, subd. (a)); counts 5 and 6—possession of a firearm as a felon (§ 29800, subd. (a)(1)); count 7—possession of a silencer (§ 33410); counts 8 and 9— causing a firearm to be carried concealed within a vehicle in which Drake was an occupant (§ 25400, subd. (a)(3)); count 10—carrying a dirk or dagger (§ 21310); and count 11—possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The prosecution alleged Drake had suffered a prior conviction for a serious or violent felony offense (§ 667, subd. (d)) and that he was release on bail or his own recognizance at the time he committed the offenses charged in counts 1 through 6. In exchange for a sentence of 17 years four months in prison, Drake pleaded no contest to counts 1 and 7, and he admitted the special allegations. He further admitted the case involved planning and sophistication. (Cal. Rules of Court, rule 4.425(a)(8).) In June 2024, the trial court imposed the agreed upon…