People v. Brown CA2/8

FACTS

The Firearm Crimes On January 23, 2014, Los Angeles County Sheriff’s Department (LASD) Detective Michael Knieriem initiated a traffic stop. While talking to the driver, Detective Knieriem noticed Brown put a sweatshirt over his lap. Detective Knieriem searched Brown outside the vehicle. As Detective Knieriem was instructing Brown to spread his feet apart, there was “a loud thump on the ground,” and Detective Knieriem saw that a handgun had fallen from the waistband area of Brown’s pants.2 In February 2014, the People filed an information charging Brown as noted above. On July 16, 2014, Brown waived his constitutional rights and plead no contest to all three counts, and admitted the prior conviction allegations. In accord with the negotiated plea agreement, the trial court sentenced Brown to an eight-year term as follows: on count 1, section 29900, subdivision (a)(1), the court imposed the high term of three years, doubled to six years for a prior strike, plus two one-year terms for the prior convictions with a prison term. As to count 2, section 25400, subdivision (a)(2), and count 3, section 25850,

1 All further undesignated section references are to the Penal Code. 2…