Simpson

A jury found Richard Andrew Simpson guilty of possessing more than 28.5 grams of marijuana and illegal possession of a firearm. A prior conviction allegation under Penal Code section 667.5, subdivision (b) was found true by the court.

Prior to trial, an Evidence Code section 402 motion was heard to determine the admissibility under Miranda v. Arizona (1966) 384 U.S. 436 [ 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 ] of statements Simpson made at a police command post immediately preceding the execution of a search warrant at his home. The trial court found Simpson’s statement revealing the location of an automatic weapon at his residence admissible under New York v. Quarles (1984) 467 U.S. 649 [ 104 S.Ct. 2626 , 81 L.Ed.2d 550 ], which articulated a “public safety” exception to the Miranda rule. (Id. at pp. 655-657 [104 S.Ct. at pp. 2631-2632].) Simpson appeals from that determination and also contends the trial court improperly imposed a sentence for his prior conviction under Penal Code section 667.5, subdivision (b), because the same conviction was used to prove he was a convicted felon in connection with the gun possession charge—a prohibited dual use of…