People v. Celes CA3

BACKGROUND

In case No. SF123589A (the gun case), an information charged defendant Jason Allen Celes with possession of a firearm by a felon (count 1; Pen. Code, § 29800, subd.

1 (a)(1));1 possession of ammunition by a person prohibited from owning a firearm (count 2; § 30305, subd. (a)(1)); and unlawful possession of a short-barreled shotgun or rifle (count 3; § 33215). As to each count, the information alleged that defendant had served three prior prison terms. (§ 667.5, subd. (b).) The testimony elicited at the preliminary hearing in the gun case revealed that on April 4, 2013, law enforcement officers found a firearm with a shortened barrel and three shotgun shells at a residence in Stockton where defendant was present; he admitted the shotgun was his. After defendant was held to answer in the gun case, a complaint in case No. SF124010A (the theft case) charged defendant with theft from an elder or dependent adult (count 1; § 368, subd. (d)) and forgery (counts 2 & 3; § 470, subd. (a)). According to the stipulated facts in support of the plea in the theft case, defendant obtained two checks totaling $6,475 from a person over the age of 65, without her consent. The People…