Ferro

We affirm defendant’s conviction of a violation of Penal Code section 12303.2, prohibiting possession of “any explosive on a public street or highway, in or near any theater, hall, school, college, church, hotel, other public building, or private habitation, in, on, or near any aircraft, railway passenger train, car, cable road or cable car, vessel engaged in carrying passengers for hire, or other public place ordinarily passed by human beings . . . .”

Background

Jamie Wolden was found in possession of a small amount of explosive known as C-4, arrested, and taken to the Baldwin Park Police station. Sheriff’s deputies responded and, after further investigation, secured search warrants for defendant Robert Ferro’s home and an abandoned chicken processing plant owned by him. Deputies found five pounds of C-4 in a cabinet in an office in the chicken plant. At the same time, other deputies served the search warrant at defendant’s home, where he was detained during the search. After being notified that C-4 was found at the chicken plant, deputies at the home arrested defendant.

The defense attempted to pin possession of the chicken plant C-4 on Wolden. Defendant denied it…