People v. Seang CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant was found in possession of a firearm. He was not permitted to have a firearm due to a prior felony conviction. The People filed a complaint charging defendant with being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a); statutory section references that follow are to the Penal Code); possession of ammunition (§ 30305, subd. (a)(1)); and possession of a controlled substance while armed (Health & Saf. Code, § 11370.1, subd. (a)). The People also alleged various enhancement allegations. After hearing defendant’s motion to suppress evidence (§ 1538.5) and preliminary hearing concurrently, the magistrate denied the motion to suppress and held defendant to answer. The People filed an Information charging defendant with being a felon in possession of a firearm; possession of ammunition; and possession of a controlled substance while armed, with no enhancement allegations. Defendant pleaded no contest to being a felon in possession. The trial court dismissed the remaining charges on the People’s motion. The trial court sentenced defendant to the stipulated term of 16 months in state prison and awarded him 10 days of…