People v. McNeely CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On June 16, 2020, McNeely asked his former girlfriend (S.B.) for a ride.2 When McNeely entered the passenger seat of S.B.’s car, he pointed a gun at her. She drove to her residence with McNeely, but attempted to stop him from entering. He struck her in the face with a closed fist. McNeely got into the driver’s seat and took $340 from S.B.’s pocket. He told her to exit the car and then fled. McNeely returned to the residence several minutes later.

1 Unspecified statutory references are to the Penal Code. 2 The facts as to the underlying offenses are based on the probation report. S.B.’s current girlfriend called the police and informed them that McNeely was present at her home and was armed. During a search of S.B.’s residence, police found McNeely and a loaded black 9mm Glock handgun without a serial number. McNeely waived his Miranda3 rights. He told police that he and S.B. went to an ATM where S.B. gave him the pin code and permission to withdraw money. When they arrived at the residence, they had an argument and he left. He denied having knowledge of a firearm. Police found $340 in his possession. On June 19, 2020, the Santa Clara…