P.

INTRODUCTION

On June 16, 2011, defendant and appellant William Keith McClain pled guilty to

possession of ammunition as a person prohibited from owning a firearm under Penal

Code section 12316, subdivision (b)(1). In accordance with the terms of the plea

agreement, the trial court imposed a two-year sentence in state prison. Execution of the

prison sentence was suspended and defendant was placed on probation for 36 months.

Two of the probationary terms included: “Obey all laws, ordinances, and court orders”;

and “Do not knowingly own, possess or have control of any firearm, deadly weapon or

ammunition.”

On August 9, 2011, the district attorney filed a petition to find defendant in

violation of his probation on the ground that he possessed ammunition in violation of

Penal Code section 12316, subdivision (b)(1). The matter was continued numerous times.

On July 9, 2012, the trial court granted the district attorney’s request to amend the petition

to add the allegation that defendant had also violated the probationary term that he not

knowingly own, possess, or have under his control a firearm, deadly weapon, or

ammunition. At the conclusion of the July 16, 2012…