People v. Rice CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In February 2020, the trial court found defendant violated probation and mandatory supervision in connection with two prior felonies—forcible assault in 2016 (Pen. Code, § 245, subd. (a)(4); statutory section citations that follow are to the Penal

1 Code) and possession of a controlled substance with intent to sell in 2018 (Health & Saf. Code, § 11378)—and issued bench warrants for defendant’s arrest. Officers obtained a warrant to search defendant’s home. Upon seeing defendant leave his home and drive away in his car, officers stopped him and found a loaded, unregistered firearm under the driver’s seat. Passengers in the car stated the gun belonged to defendant. In defendant’s home, officers found soft body armor, ammunition, small quantities of drugs, drug paraphernalia, and a digital scale. Defendant was charged with being a felon in unlawful possession of a firearm (§ 29800, subd. (a)(1); count one); a loaded firearm (§ 25850, subd. (a); count two); ammunition (§ 30305, subd. (a)(1); count three); body armor (§ 31360, subd. (a); count four); and a controlled substance with intent to sell (Health & Saf. Code, § 11378; count five). In…