People v. Tejeda CA4/1
Opinion
Opinion
STATEMENT OF FACTS
The facts underlying the offenses in this case are essentially not in dispute.
Accordingly, we will adopt the brief summary of the facts as contained in the
respondent's brief.
In December 1994 appellant entered a GTM convenience store with a friend, took
a bag of popcorn and consumed it without paying for it. When appellant and the friend
approached the front door and attempted to leave, the manager confronted them about the
popcorn, but appellant and the friend denied consuming it.
Appellant consented to a pat search of his pockets, and when the manager did so,
he felt a metal object which turned out to be a gun. Appellant and the manager struggled
over the gun, but the manager obtained possession of it. The manager solicited help from
a San Diego County Sheriff's deputy who happened to be in the parking lot, and the
deputy removed a magazine with four hollow point rounds from appellant's fully
operational nine-millimeter semiautomatic gun.
A search of appellant produced two wallets, one of which contained .01 grams of
methamphetamine. Appellant said he was holding the gun for a friend who went to
Mexico.