People v. Garateix CA4/3

FACTS AND PROCEDURAL BACKGROUND1

In 1995, the police received a tip appellant, a parolee, was selling narcotics. The informant alleged appellant always had a gun visible when he was dealing drugs. The police decided to contact appellant at his residence, and when they did, appellant let them inside to search his apartment. During the search, appellant directed the officers to a dresser drawer in his room. Inside the drawer, on top of appellant’s underwear, was a loaded pistol. Appellant initially claimed the gun belonged to his girlfriend, but then admitted it was his. In the course of the search, the police also found marijuana, methamphetamine and a hypodermic needle, but appellant was not charged with possessing those items. Rather, he was simply charged with being a felon in possession of a firearm in violation of Penal Code section 12021, subdivision (a).2 Following a jury trial, appellant was convicted of that charge. He was also found to have suffered three prior strike convictions and served two prior prison terms. The trial court sentenced him to 25 years to life in prison under the Three Strikes law. (§§ 667, subds. (d), (e)(2) & 1170.12, subds. (b), (c)(1).) The…