Lamonte

Joseph Lamonte (Lamonte) appeals from a judgment of conviction after he pleaded guilty to being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)) and committing burglary (§459). He also ' petitions for a writ of mandate after the court partially denied his motion for return of computer and telephone equipment seized by police at the time of his arrest. Lamonte is entitled to the property because it is not contraband, stolen or subject to forfeiture. Thus, we grant the petition. We also affirm the judgment.

Factual and Procedural Background

While dining with several companions at the Harbor House Restaurant, Lamonte attempted to pay the $319.56 bill with a credit card in another person’s name and with a second invalid card. When confronted, Lamonte fled but was arrested in the parking lot. A consent search of his van produced numerous credit cards, identification cards with Lamonte’s picture and others’ names, laminating equipment, papers with handwritten credit card numbers, a cellular telephone, a laptop computer, a telephone decoder, telephone connectors, sterile gloves, a loaded, sawed-off shotgun and nunchakus. Lamonte escaped but was rearrested the…