People v. Tuthill CA4/3

FACTS

In 1997, defendant was found guilty on four felony counts: (1) possession of a firearm by a felon (formerly § 12021, subd. (a), now § 29800, subd. (a)(1)); (2) possession of a short-barreled shotgun (formerly § 12020, subd. (a), now § 33210); (3) possession of controlled substance (Health & Saf. Code, § 11377, subd. (a)); and (4) escape from the custody of a peace officer without force (§ 4532, subd. (b).) The trial court also found true that defendant had a strike prior for assault with a firearm (§ 245, subd. (a)(2)), and four prison priors for robbery. (§ 211.) The basic circumstances of defendant’s offenses were that he was encountered by police in a motel room, after a police officer’s routine sweep of the motel’s parking lot revealed a car owned by someone with an outstanding warrant. The police officer linked the car with the room where defendant was located and knocked on the door. When defendant opened the motel room door, the police officer could see into the room behind him and spotted shotgun rounds and a stock on the bed. The officer then detained both defendant and the woman in the room with him (who was the subject of the warrant) and during a pat-down search…