People v. Navas CA3

BACKGROUND

We take the facts of defendant’s current crime from our opinion affirming his conviction. (See People v. Guilford (2014) 228 Cal.App.4th 651, 660-661 [prior appellate opinion admissible to prove ineligibility in section 1170.126 proceeding].) In September 1997, Gregory Bowen walked up to the drive-through window of a fast-food restaurant to place an order. At about the same time, a truck driven by defendant pulled up to the window. Defendant got out of the truck, grabbed Bowen by the neck, put a gun to his head, and demanded an apology. Defendant quickly returned to his truck and left. Workers at the fast-food restaurant were able to write down part of the license plate number on defendant’s truck, and the police went to the address where the truck was registered. When the police arrived, defendant was walking out of the house. When defendant surrendered to police he had a pocket full of .45 caliber bullets and a search of the home produced a .45 caliber semi-automatic pistol and a loaded sawed-off shotgun. Defendant pleaded guilty to felon in possession of a firearm (former § 12021, subd. (a)) and admitted two prior strikes. As part of the plea agreement, the…