People v. Stewart CA4/2

STATEMENT OF FACTS2

On July 6, 2010, a deputy sheriff arrived at defendant’s residence in response to a

call about a domestic disturbance. Upon arrival, the deputy observed that the door was

ajar and he heard sounds of arguing from inside. He entered and noted that the residence

was in disarray, with discarded food on the floor, knives strewn about the kitchen

counter, tools, clothing and partially disassembled motorcycles were on the floor. A

young child came up to him and asked, “Cop, did you bring me food or something to

eat?” The deputy noted that there was hardly any food in the house and no bedding on

the children’s beds.

Defendant appeared to be under the influence of a controlled substance. He

admitted smoking methamphetamine in the house that morning, and both he and his

girlfriend admitted frequently smoking methamphetamine in the presence of their two

small children. Methamphetamine and marijuana were found in defendant’s back pocket.

DISCUSSION

Section 654, subdivision (a), provides: “An act or omission that is punishable in

different ways by different provisions of law shall be punished under the provision that

provides for the longest potential term…