People v. Silva CA3

BACKGROUND

In the course of their pursuit of a suspect, Butte County Sheriff’s deputies obtained defendant’s consent to search his residence and storage trailers. The deputies saw a number of rifles in plain view in defendant’s residence and ultimately located the suspect hiding in his storage trailer. Defendant had a prior conviction which served as the basis for a firearm possession restriction. The deputies later obtained a search warrant for defendant’s property. During the search deputies found a number of stolen firearms. The People filed an information charging defendant with five counts of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)),1 grand theft of a firearm (§ 487, subd. (d)(2)), and possession of ammunition (§ 30305, subd. (a)(1)). Defendant pleaded no contest to one count of being a felon in possession and grand theft of a firearm. The trial court dismissed the remaining charges on the People’s motion, with a Harvey waiver.2 The trial court sentenced defendant to the middle term of two years on the possession of a firearm count and a consecutive term of eight months (one-third the midterm) on the grand theft of a firearm count, for an…