P.
P. v. Cotton CA6
Opinion
Opinion
Elia, J.
Facts and Proceedings Below Briefly, we summarize the facts underlying appellant's conviction for felon in possession of a firearm, but detail the testimony from the probation revocation hearing
1 It appears that at the time appellant's brother was a parolee. His name is spelled two different ways—Kejmar in the notice of violation of probation and Kajmar in the reporter's transcript. For the sake of consistency we will use the spelling that appears in the reporter's transcript. 2 Subsequently, on February 21, 2012, the court ordered execution of the previously imposed but suspended three year prison term. 2 and the testimony from appellant's additional witnesses at the hearing on appellant's motion to reopen. Underlying Offense As to the underlying offense, the probation officer's report indicates that appellant was a passenger in a Ford Explorer that was stopped for a traffic violation. After a police officer discovered that appellant had a possible failure to appear warrant and was a restrained person in a domestic violence restraining order that required him not to possess any firearms, the officer asked appellant if he had any weapons on…