People v. Lee CA3

BACKGROUND

The prosecution charged defendant with one count of possession of a firearm as a convicted felon (Pen. Code, § 29800, subd. (a)(1))1 and one count of possession of

1 Undesignated statutory references are to the Penal Code.

1 ammunition as a convicted felon (§ 30305, subd. (a)(1)). In the same information, the prosecution charged codefendant Erica Crockett with purchasing or receiving a firearm as a restricted person. (§ 29825, subd. (a).) Defendant and Crockett were tried jointly. After a mistrial, they were tried in a second trial. Crockett is a not a party in this appeal. Officer David Muser testified at trial that he and his partner responded to a report of a vehicle collision. Officer Muser saw defendant about 250 feet away from an overturned Honda. As the officer approached, defendant walked to the rear passenger side of a silver Ford. Defendant looked at the officers and began fumbling around in his sweatshirt or waistband with his back toward the officers. Officer Muser’s partner, Officer Jack Orosco, said defendant’s elbows were moving as if he were manipulating something near his waist or stomach. The officers could not see defendant’s hands, but one of them…