People v. Shabazz CA2/4

INTRODUCTION

Defendant and appellant Andwele Abiade Shabazz pled no contest to possession of a firearm, and the trial court sentenced him to 32 months in state prison. On appeal, Shabazz argues the gun evidence was obtained in violation of his Fourth Amendment rights. For the reasons discussed below, we agree with Shabazz and remand the case to the trial court.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging Shabazz with assault upon a peace officer (Pen. Code,1 § 245, subd. (c); count one) and possession of a firearm by a felon (§ 29800, subd. (a)(1); count two). With respect to both counts, the information alleged Shabazz sustained a prior strike conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) With respect to count one, the information alleged he sustained a prior serious felony conviction. (§ 667, subd. (a)(1).) Shabazz pled no contest to count two and admitted the prior strike allegation attached to that count. Pursuant to the plea agreement, the trial court dismissed count one and the remaining allegations. The trial court sentenced Shabazz to a 16- month lower term on count two, doubled to 32 months because of…