P.

P. v. Guggenmos CA4/3

Good Law
Court of Appeal of CaliforniaAugust 26, 2015G050648California1,192 words

Opinion

Opinion

Bedsworth, J.

FACTS AND PROCEDURAL BACKGROUND1

Knowing appellant was wanted for violating probation, the police contacted him in an Anaheim alley where he was working on his mother’s car. After confirming his identity, they searched the car and found a loaded revolver underneath one of the seats. The gun was located only inches from where appellant was contacted. The police also found 16 rounds of ammunition in appellant’s nearby toolbox. Appellant admitted knowing the gun was in the car but claimed it belonged to his stepfather. Unfortunately, his mother told the police the stepfather was in prison and never possessed such a gun. Appellant was convicted of possessing a firearm as a felon in violation of Penal Code section 12021, subdivision (a).2 He was also found to have suffered three prior strike convictions, all of which stemmed from his use of a gun. After denying appellant’s request to strike his prior convictions, the trial court sentenced him to 25 years to life in prison under the Three Strikes law. The judgment was affirmed on appeal. (People v. Guggenmos (Sept. 27, 1999, G023032) [nonpub. opn.].) After Proposition 36 was passed in 2012, appellant petitioned to have his sentence…

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