People v. Vasko CA3

BACKGROUND

I The People’s August 21, 2020 complaint charged defendant with carrying a concealed firearm on his person (Pen. Code, § 25400, subd. (a)(2); count one),2 carrying a loaded firearm, not registered owner (§ 25850, subd. (c)(6); count two) and resisting or obstructing a peace officer (§ 148, subd. (a)(1); count three). Count one was elevated to a felony under section 25400, subdivision (c)(6) on the basis that “the firearm and unexpended ammunition were in the immediate possession of, and readily accessible to, the defendant . . . and . . . the firearm was not registered to the defendant.” Following defendant’s preliminary hearing where he was held to answer on the charges, the complaint was deemed an information and the matter was set for a jury trial. At that trial, the People presented evidence that Officer Carlo Sgroi observed defendant riding a bicycle without a front light on the side of a highway shortly after midnight. The officer stopped defendant and learned from dispatch that defendant might be armed with a handgun. After backup arrived, Officer Sgroi told defendant of his intent to search him for weapons. In response, defendant fled on foot into an area with…