People v. Mouton CA5

FACTS

The probation officer’s report was based on the preliminary hearing transcript with additional information coming from the police report. We derive the facts from the probation report. At 3:20 p.m. on April 10, 1994, Fresno Police Officer Twedt and assisting officers were dispatched to investigate a report that there was a man with a gun inside the residence at 651 South Third Street. The officers arrived at the residence and were approached by two females. The reporting party, Tina Williams, told the officers that appellant was inside the house. The officers entered the residence and made contact with appellant just inside the door. Officers searched appellant and found a loaded .357- caliber handgun inside appellant’s right front pocket. Appellant was arrested and taken into custody. After his arrest, appellant spontaneously said, “I ain’t going to lie to you; the gun is stolen. I got it off a guy on the street for $100.00.” Appellant said he was on active parole from the Bay Area. Officers searched appellant and found a small vial and a small bag each containing a white powdery substance. It was later determined that the vial contained .2 grams of cocaine and the small…