People v. Schwarz CA3

FACTS

The parties stipulated that on February 24, 2006, defendant was convicted of brandishing a knife, a misdemeanor in violation of Penal Code section 417. As a matter of law, that conviction prohibits defendant from possessing firearms for 10 years. (Pen. Code, § 12021, subd. (c)(1).) Officer Jacob Gullion, of the Sacramento Police Department, testified that at about 1:00 a.m. on August 14, 2007, he and two other officers arrived at a house and defendant answered the door. The house had two bedrooms, one with men’s clothing and one with women’s clothing. In the former, Officer Gullion found mail addressed to defendant at

2 that address. On a desk in that bedroom he found two glass narcotic smoking devices and a black container with a white crystalline substance in clear plastic. Based on his training and experience, he believed the substance was methamphetamine. In a drawer of that desk he found two packages, each of which contained 100 one-inch-square plastic bags used for drug sales, and a handgun. On a dresser he found a computer printout with instructions for making methamphetamine. In defendant’s pocket, Officer Gullion found five more of the small baggies, a couple of…