P.
P. v. Brown CA4/2
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…