People v. Mota CA2/1

BACKGROUND

On April 27, 2013, Los Angeles Police Officers Francisco Diaz and David Lopez observed Jose Mota and Karen Garcia walking on Crawford Street approaching 36th Street in Los Angeles. When Mota saw them, he removed a handgun from his waistband and put it in Garcia’s purse. The officers stopped and searched them, recovering the gun from Garcia’s purse and, ultimately, a cell phone from Mota that had a text message with a photograph of a gun, with accompanying text that read, “Chubby .45 for 550. Holds 8 L.A.” The message had been sent by someone known as “Chubby” to Mota’s phone two days earlier. Mota was charged with possession of a firearm in violation of Penal Code section 29820, subdivision (b) [former juvenile offender may not possess a firearm until the age of 30 years], and Mota and Garcia were both charged with carrying a concealed firearm (ibid., § 25400, subd. (a)(2)) and carrying a loaded unregistered handgun on a public 1 street in an incorporated city (ibid., § 25850, subd. (a)). It was further alleged that Mota had suffered two serious felony juvenile adjudications in 2000. (Ibid., §§ 667, subds. (b)- (j), 1170.12.) A jury found defendants guilty and all…