Jefferson

On January 18, 2012, Officer Anthony Tedesco observed defendant and appellant Gregory Jefferson placing an item—later determined to be a loaded and stolen firearm—under the driver’s seat of a gray Bentley that Jefferson had driven to the location. Jefferson then left that location in another car, as a passenger. At Tedesco’s request, that second car was stopped and Jefferson was found in possession of a second firearm that was legally registered to him. Approximately one year later, Jefferson was observed by a different officer exiting the same gray Bentley and placing a bag in the trunk of that vehicle. A subsequent search revealed a third firearm in that bag, also legally registered to Jefferson.

Based on the stolen firearm concealed in the Bentley, Jefferson was charged with carrying a concealed firearm within a vehicle and carrying a *498 loaded firearm in public. At trial, the court permitted the prosecution to introduce evidence of Jefferson’s possession of the two legally registered firearms to prove he had control over the charged firearm and to prove his knowledge that firearm was stolen. In the published portion of this opinion, we conclude the court abused its…

Concurring and Dissenting.—I share my colleagues’ views in all but one respect. I would not find that the trial court abused its discretion in admitting evidence of Gregory Jefferson’s legal possession of other firearms and affirm in all respects. I therefore respectfully dissent from the majority opinion to the extent that it holds otherwise.

The trial court, in finding the disputed evidence admissible, stated that it had “looked at the probative value versus prejudicial effect,” and that “[i]n this particular case it’s clear the connection between the weapons found, the intent, et cetera.” The majority arrives at a different conclusion and finds that the trial court abused its discretion in admitting, under Evidence Code section 1101, subdivision (b) (section 1101(b)), evidence of Jefferson’s possession of the Glock pistol in 2012, as well as the nine-millimeter firearm found in the Bentley’s trunk in 2013. I do not.

*510 Probative Value

The majority first discounts the relevance of the evidence. “ ‘Relevant evidence’ means evidence . . . having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.” (Evid.…

I. FACTUAL AND PROCEDURAL BACKGROUND

Jefferson was charged, by information, with carrying a concealed firearm within a vehicle (Pen. Code, § 25400, subd. (a)(1); count one)1 and carrying a loaded firearm on one’s person in a city (§ 25850, subd. (a); count two). With respect to count one, it was alleged the firearm was stolen and Jefferson knew or had reasonable cause to believe it was stolen. (§ 25400, subd. (c)(2).) It was further alleged the firearm was loaded and not registered to Jefferson. (§ 25400, subd. (c)(6).) With respect to count two, it was alleged that the firearm was stolen and Jefferson knew or had reasonable cause to believe it was stolen (§ 25850, subd. (c)(2)), and that the firearm was not registered to Jefferson (§ 25850, subd. (c)(6)). At trial, Oakland Police Officer Anthony Tedesco testified that, on January 18, 2012, around 6:00 p.m., he was conducting undercover narcotics surveillance on 64th Avenue Place in Oakland. Using binoculars, Tedesco observed a man later identified as Jefferson drive a gray Bentley to the dead-end street, park about 30 yards away from Tedesco, and remain seated in the car for around 20 minutes before exiting and walking across…