People v. Foster CA1/4

BACKGROUND

Defendant was charged in an amended information with felony possession of a controlled substance with a firearm, in violation of Health and Safety Code section 11370.1, subdivision (a), as well as four other firearm-related felonies and one misdemeanor violation of Penal Code section 148.9 (providing false information to a peace officer). The amended information further alleged that defendant had previously been convicted of manslaughter, which constituted a prior strike conviction.

1 Defendant waived his right to a jury trial. During his bench trial, the prosecution presented evidence that defendant had been stopped by a Brisbane police sergeant who noticed defendant driving a car with a suspended registration. The sergeant testified that, when asked for identification, defendant provided a torn temporary driver’s license showing the name “Evans” and a July 13, 1980 date of birth. In response to questioning, defendant orally stated his name was “Randall” and gave two different September dates as his date of birth. When asked whether he was “on paper,” defendant provided his true name and date of birth and admitted that he was on probation with a search condition for…