P.

P. v. Brown CA4/2

Good Law
Court of Appeal of CaliforniaMay 3, 2013E053330California2,001 words

Opinion

Opinion

FACTS AND PROCEDURE

On October 4, 2006, Riverside County Sheriff‟s deputies served a search warrant

on defendant‟s home. The deputies recovered from the house an assault rifle, two

handguns, one clip, ammunition, a stun gun and $10,000 in cash. From a recreational

vehicle parked on the side of the house, the deputies recovered 10.65 pounds or 4.

kilograms of cocaine in both rock and powder form. The deputies also found an assault

rifle in the garage. After being arrested, defendant admitted to possessing the cocaine for

sale, along with each of the firearms.

On February 16, 2010, the People filed an amended information charging

defendant with possessing cocaine for sale, possessing an assault weapon, and being a

felon in possession of a firearm. The People also alleged that defendant had two prior

strike convictions (Pen. Code, § 667, subds. (c) & (e)(2)) and two prior drug-related

convictions (Health & Saf. Code, § 11370.2, subd. (a)) and that the quantity of the

cocaine for sale exceeded four kilograms (Health & Saf. Code, § 11370.4, subd.(a)(2)).

2 Defendant‟s first trial ended in a hung jury and mistrial. On September 7, 2010, a

second jury convicted defendant…

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