People v. Rodriguez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offense On November 17, 2011, police conducted a search of defendant’s home in San José.2 Defendant’s mother led police to defendant’s bedroom, where they found mail addressed to defendant on a nightstand next to the bed. Police also found a scale, a hypodermic needle, and three military hand grenade simulators. A hand grenade simulator is a cardboard tube filled with explosive powder that is used by the military in training exercises. The simulators were stored inside a box in a drawer near the end of defendant’s bed. The box had compartments to hold five simulators, but it only contained three simulators. In a statement to police, defendant said he knew about the presence of the grenade simulators, but he thought they were fireworks. He claimed that he bought them on the street for $100, and had detonated two of them during a Fourth of July celebration. He stated that he used the hypodermic needle to inject methamphetamine, and he used the scale to ensure he did not get “shorted” when he bought narcotics. At trial, defendant testified that he told police he did not know about the grenade simulators. He admitted, however, that…