People v. Carter CA2/6

Good Law
Court of Appeal of CaliforniaJuly 20, 2016B266923California2,345 words

Opinion

Opinion

Yegan, J.

Facts Appellant appealed from his 1998 conviction of the current offense. In an unpublished opinion, we affirmed the judgment. (People v. Carter (Apr. 4, 2000, B127887).) In determining whether appellant was armed with a firearm during the commission of the current offense, the trial court could lawfully consider the entire record of conviction, including our opinion affirming the judgment. (People v. Hicks (2015) 231 Cal.App.4th 275, 285-286; People v. Osuna (2014) 225 Cal.App 4th 1020, 1030.) Our opinion summarized the facts as follows: “Los Angeles County Sheriff’s Deputies Richard Westin and Susan Gomez were patrolling the East Compton area one evening. They heard loud music coming from the trunk of a parked Cadillac surrounded by a group of people. They decided to stop and warn the group about the noise level. “As the deputies approached in their patrol car, they noticed appellant standing near the open trunk of the Cadillac. He closed the trunk, walked to the open front passenger window, and leaned inside. The deputies saw him pull a gun from his waistband and place it inside as he simultaneously turned down the volume of the music. Appellant then walked back to the rear of…

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