People v. Mortenson CA3

BACKGROUND

On July 14, 2013, a law enforcement officer stopped defendant for expired registration tags on his vehicle. Due to defendant’s outstanding felony arrest warrant, the officer detained him. With defendant’s consent, the officer searched defendant’s vehicle and found hidden in the front driver’s side wheel well a bag containing 2.3 grams of marijuana, 5.7 grams of methamphetamine, and drug paraphernalia. A search of defendant’s bedroom pursuant to a warrant revealed two unspent .25-caliber rounds of ammunition hidden in a compartment behind a wall hanging. Defendant had previously been convicted of felony violations of Health and Safety Code sections 11350, subdivision (a), and 11351 in 2008 and 2011, respectively, and had served a state prison sentence each time.1 An amended information charged defendant with transportation of methamphetamine (§ 11379, subd. (a); count 1), and alleged two prior drug convictions (§ 11370.2, subd. (c)). At the entry of plea hearing, the information was orally amended to add count 2, possession of methamphetamine for sale (§ 11378), count 3, felon in possession of ammunition (Pen. Code, § 30305), and a prior prison term for defendant’s 2008…