People v. Roberts CA5

STATEMENT OF THE CASE

Roberts was charged with one count of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), and one count of unlawful possession of ammunition by a prohibited person (Pen. Code, § 30305, subd. (a)(1)). It was further alleged that Roberts had suffered one prior strike (Pen. Code, §§ 667, subds. (b)-(j), 1170.12.) After the trial court denied Roberts’s motion to suppress evidence at his preliminary hearing and denied his motion to strike the prior strike, Roberts entered a no contest plea to possession of a firearm by a felon and admitted the prior strike. The trial court denied probation and sentenced Roberts to the midterm of two years, doubled pursuant to the Three Strikes law. Roberts filed a notice of appeal based on the denial of the motion to suppress evidence, which was later stricken on Roberts’ motion.1 This brief pursuant to Wende, supra, 25 Cal.3d 436 followed.

STATEMENT OF THE FACTS2

On February 7, 2020, police officers detained and searched Roberts and found him in possession of a nine-millimeter firearm and ammunition.

APPELLATE COURT REVIEW

Roberts’s appointed appellate counsel has filed an opening brief that summarizes the…