People v. Perez-Niebles CA6

I. BACKGROUND

Because defendant pleaded no contest, the facts below are drawn from the preliminary hearing transcript and the presentence report. Defendant was born in 1999 in Mexico. He came to the United States in 2015 and has lived here since then. In December 2021, police officers executed warrants for defendant’s arrest. After taking defendant into custody in a motel, the officers searched his room and found a loaded firearm as well as substances later determined to be methamphetamine and heroin. Defendant waived his rights under Miranda v. Arizona (1966) 384 U.S. 436, and he told the officers that the drugs were for his personal use and the firearm was for his personal protection because someone was threatening him. In January 2022, the prosecutor filed an information charging defendant with possession of a controlled substance with a firearm in violation of section 11370.1, subdivision (a), of the Health and Safety Code, possession of a firearm by a felon in violation of section 29800, subdivision (a), and possession of ammunition by a prohibited person in violation of section 30305, subdivision (a)(1). The information also alleged 2019 convictions under sections 245 and…