McCloud

People v. McCloud

Good Law
15 Cal. App. 5th 948·223 Cal. Rptr. 3d 303
Court of Appeal of CaliforniaSeptember 27, 2017E065359California4,802 words

Opinion

lead Opinion

Slough, J.

*949 In late 2012, the police searched a residence where Bobbie Johnnie McCloud happened to rent a room. The officers were initially there to *950 perform a probation search of someone else, but ended up arresting McCloud when they found crack cocaine and a loaded gun inside his bedroom. In early 2013, after McCloud had been released from custody on bail for charges related to that incident, police once again found him in possession of crack cocaine.

The prosecution charged McCloud with felony possession for sale for the 2012 incident, along with three felonies based on firearm possession. For the 2013 incident, the prosecution charged him with felony transportation for sale ( Health & Saf. Code, § 11352, subd. (a) ), misdemeanor possession of a stun gun by a felon, and misdemeanor resisting an officer. The jury convicted McCloud of all the charges except the three firearm-related felonies. In a subsequent bench trial, the court found McCloud had a prison prior, a prior strike conviction for robbery, and three prior super strike convictions for assaulting an officer with a machine gun, and it sentenced him to a total of 28 years 8 months to life. 1

McCloud raises three arguments…

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