Borynack

I. FACTS

On August 7, 2011, when defendant was pulled over for a traffic violation, it was

discovered that he was carrying a homemade explosive in the car’s glove compartment.

All further statutory references are to the Penal Code unless otherwise indicated.

2 The device was made from potassium nitrate and sugar and had a fuse to ignite it.

Deputy Jeff Lundgren opined this was an Improvised Explosive Device (IED) whose

materials burned rapidly. The deputy also discovered in the vehicle a cardboard tube

with a fuse, fireworks, and “exploding targets.” Defendant admitted he had created the

IED, had exploded targets, and that he had additional explosives at his home.

A search of defendant’s residence produced a zip gun, an improvised rocket

launcher, shurikens, materials used to construct the IEDs, as well as other materials that

could be used to make explosives, including metal shavings, firecrackers, and oxidizer.

In two nearby locked storage sheds, deputies found grenade bodies, nitro methane, black

powder, metal shavings, two .50-caliber armor piercing incendiary projectiles, 20-

millimeter training practice tracer rounds and high explosive incendiary…