People v. Perrette CA5

introduction, each of which, save count 6, also carried as an enhancement an allegation they were carried out for the benefit of a criminal street gang under Penal Code section 186.22, appellant was charged with carrying a loaded firearm as a member of a criminal street gang (Pen. Code, § 25850, subd. (c)(3)/count 4), threatening a public officer (Pen. Code, § 71/count 5), selling or offering to sell tear gas (Pen. Code, § 22900/count 8), and being a felon in possession of ammunition (Pen. Code, § 30305, subd. (a)(1)/count 9). That same day, the trial court began appellant’s preliminary hearing. Testimony provided at that hearing from Bakersfield Police Officers Sean Underhill and Ryan Vaughan detailed the facts leading to appellant’s charges. On December 18, 2013, Officer Underhill arrived at an address on Tierra Verde Street in Bakersfield, to conduct a probation search of appellant. Evidence collected from Facebook posts suggested appellant was in possession of several firearms, some of which were kept in a backpack with a United States Armed Forces logo on it. Contact

As the issues raised in this appeal are primarily focused on count 7, our recitation of the facts…