People v. Franklin CA3

BACKGROUND

In June 2020, a police officer conducted a welfare check on defendant, who was sleeping in a parking lot. The officer woke defendant, defendant identified himself, and a

1 “warrants check” revealed he was on parole. The officer searched defendant and found a five-inch fixed blade kitchen knife in defendant’s rear pocket along with a nine and one- half-inch nail. Defendant was arrested. The People subsequently charged him with two counts of carrying a concealed dirk or dagger in Butte County Superior Court case No. 20CF02911 (Pen. Code, § 21310).1 After a preliminary hearing, defendant was released on bail. While out on bail, police officers made contact with defendant in a park in Chico. Defendant identified himself and told the officers he was on parole. While waiting for “dispatch” to conduct a records check, defendant “made a spontaneous statement” to the officers: “ ‘I found a gun’ then muttered, ‘I have it under the couch.’ ” Defendant showed the officers where to find the gun. After they found the gun, the officers arrested defendant. The People later charged defendant in Butte County Superior Court case No. 20CF04625 with possession of a firearm by a felon (§…