People v. Abdul-Jaami CA1/1

DISCUSSION

In October 2012, the District Attorney for Lake County filed a two-count felony complaint against defendant, alleging he unlawfully owned, possessed or had custody of 1 All further statutory references are to the Penal code unless otherwise indicated. 1 a firearm (§ 29900, subd. (a)(1)) and unlawfully purchased, received or had control of a firearm (§ 29800, subd. (a)(1)). It was further alleged he had been convicted of a serious or violent offense (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), and had served two prior prison terms (§ 667.5, subd. (b)) and was ineligible for probation (§ 1203, subd. (e)(4)). A month later, the prosecution filed a first amended complaint, adding counts for unlawfully carrying a concealed weapon (§ 25400, subd. (a)(1)) and unlawfully possessing a stolen firearm (§ 496, subd. (a)). At the preliminary hearing Deputy Sheriff Lyle Thomas testified he pulled defendant over for running a red light and determined he was on probation. When defendant repeatedly hesitated in answering whether he had anything illegal in the car, Thomas searched it and discovered a loaded gun hidden in a sock under the driver’s seat. At that point, Thomas…