People v. Derritt CA4/2

I. BACKGROUND

In 2010, defendant was convicted of felony possession of a controlled substance

(Health & Saf. Code, § 11377, subd. (a)) (case No. FWV903128 (2010 case)). While on

bail for that offense, he was arrested for possession of a firearm by a felon (Pen. Code,

former § 12021, subd. (a)) and possession of ammunition (Pen. Code, former § 12316,

subd. (b)) (case No. FWV1001109 (2012 case)). On June 15, 2012, a jury convicted

defendant of his possession of a firearm/ammunition offenses, finding that he had

committed them while released on bail in his 2010 case (Pen. Code, § 12022.1), and that

he had suffered six prior “strike” convictions (Pen. Code, § 1170.12, subds. (a)-(d)) and

four prior convictions for which he served prison terms (Pen. Code, § 667.5, subd. (b)).

On September 6, 2012, the trial court struck five of the six strike convictions and

sentenced defendant to prison for a term of 13 years 4 months in the current case.

All further statutory references are to the Penal Code unless otherwise indicated.

2 Defendant requests this court take judicial notice of the record in case No. E057057, as well as the prior case No. FWV903128, which was the basis…