People v. Anderson CA3

Good Law
Court of Appeal of CaliforniaSeptember 26, 2014C074718California1,276 words

Opinion

Opinion

BACKGROUND

Case No. 11F3063 Late at night, Department of Fish and Game Warden Aaron Galwey was on patrol in a remote part of western Shasta County, the Trinity Alps Preserve. Barry McDonell

1 was with him as a ride-along. They saw a car coming off of a spur road and followed it. The car stopped, continued for a few feet, then stopped again. Galwey activated his overhead lights and the vehicle sped away. Galwey followed. Ultimately the driver, defendant, lost control of the car and crashed into a tree. Defendant then crawled out the driver’s-side window and ran. Galwey followed, pushed defendant to the ground, and handcuffed him. McDonell handed Galwey a loaded handgun found on the ground near where defendant had crawled out of the car. The gun was relatively clean and oiled, and did not look as though it had been out in the elements. A complaint deemed an information charged defendant with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)),1 illegal possession of ammunition- prior conviction (§ 12316, subd. (b)(1)), evading a peace officer (Veh. Code, § 2800.1), and misdemeanor resisting a peace officer (§ 148, subd. (a)(1)). The information further alleged…

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