People v. Pradd CA4/1

INTRODUCTION

A jury convicted Marvin Pradd1 of possessing methamphetamine while armed

with a loaded, operative firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1),

possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1), now Pen.

Code, § 29800, subd. (a)(1); count 2), possession of an assault weapon (former

Pen. Code, § 12280, subd. (b), now Pen. Code, § 30605, subd. (a); count 3), possession of

ammunition by a prohibited person (former Pen. Code, § 12316, subd (b)(1), now

Pen. Code, § 30305, subd. (a); count 4), and possession of a controlled substance (Health

& Saf. Code, § 11377, subd. (a); count 5).2 The court sentenced Pradd to an aggregate

term of 11 years in prison, consisting of a term of three years for count 1 plus terms of

two years each for counts 2 through 5.

Pradd appeals, contending we must reverse the judgment because the trial court

erred by denying his motion to suppress the evidence against him. Alternatively, he

contends there was insufficient evidence to support his conviction for count 1. He also

contends his sentences for counts 2, 4 and 5 must be stayed under Penal Code section

654. The People concede and we agree…