People v. Gurr CA3

BACKGROUND

On March 1, 2010, defendant pleaded no contest to driving under the influence and other violations of the Vehicle Code in two separate cases and was placed on felony probation for five years with a suspended aggregate prison term of three years eight months. Defendant was prohibited from owning or possessing a firearm as a condition of probation. A probation search of defendant’s residence was conducted on July 14, 2013. During the search, contraband was discovered underneath defendant’s mattress. On July 17, 2013, a complaint was filed charging defendant with three counts as follows: (1) assault with a deadly weapon (§ 245, subd. (a)(1); count 1), (2) possession of a firearm by a person previously convicted of a felony (§ 29800, subd. (a)(1); count 2), and (3) possession of ammunition by a person prohibited from owning or possessing a firearm (§ 30305, subd. (a); count 3). A declaration for order and order regarding violation of probation was also filed, and defendant’s probation was revoked. On July 30, 2013, defendant and the prosecution reached a conditional plea agreement. The conditional plea agreement was memorialized on a form entitled “Declaration and Order…