People v. Mitchum CA3

BACKGROUND

Defendant’s appeal is a consolidation of two cases. In the first case (18CF01206), defendant was in a car that Butte County Sheriff’s deputies pulled over for a traffic stop

1 on January 30, 2018. Deputies found a loaded .22-caliber pistol under defendant’s seat and 3.5 grams of methamphetamine on defendant. Deputies then obtained a search warrant of defendant’s home and found a shotgun, shotgun shells, a .22-caliber pistol magazine, and .22-caliber ammunition. Defendant was charged with unlawful possession of ammunition (Pen. Code, § 30305, subd. (a)(1), count 1),1 possession of a firearm by a felon (§ 29800, subd. (a)(1), count 2), and it was alleged he had five prior prison terms (§ 667.5, subd. (b)). In the second case (20CF00625), defendant was in an altercation with staff at the Butte County Jail on February 2, 2020. When a correctional deputy asked defendant a question, defendant cursed back and said he was not going to talk to the deputy. Defendant then fought the deputies when they tried to remove him from the housing unit, hit a deputy in the face during the struggle, and eventually had to be tased. Defendant was charged with resisting an executive officer…