People v. Smith CA3

BACKGROUND

Defendant was tried by jury, who found him guilty of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 1), unlawfully possessing ammunition (§ 30305, subd. (a)(1); count 2), and possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 3). At trial, the People presented evidence defendant drove a truck that was pulled over because the registration was suspended. Dispatch advised that defendant’s license was suspended and he was on searchable probation. Officer Dylan Noel searched defendant, finding 2.9 grams of methamphetamine in his pocket. Defendant was detained, and a search of the truck revealed a loaded handgun in a leather bag within the engine compartment. The parties stipulated defendant had been convicted of a felony within the past 10 years. In his defense, defendant’s best friend, Richard Lott, testified to placing the loaded gun in the engine compartment of defendant’s truck for safekeeping, but did not think defendant would drive the truck because it was normally used by defendant’s son. Lott was alone when he stowed the gun and did not tell defendant he put the gun in the truck, but had told defendant’s son and asked…