People v. Santoyo CA3

BACKGROUND

Sacramento police officers stopped a car defendant was driving and found methamphetamine on the floor and rifle ammunition in the center console. An officer

1 searched defendant’s cellphone and found text messages, photographs, and videos that showed defendant offering to sell an SKS rifle with a 50-round magazine. The People initially charged defendant with unlawful possession of ammunition and possession of methamphetamine, also alleging defendant had previously been convicted of a serious felony. The People then amended the complaint to additionally charge defendant with two counts of unlawful possession of a firearm and one count of unlawful possession of an assault weapon. After a preliminary examination, the magistrate held defendant to answer on all five counts. Defendant then moved to dismiss count three, which alleged unlawful possession of a handgun, for insufficient evidence. The trial court granted the motion and dismissed count three. The parties then stipulated to deem the action as having been previously terminated and to proceed on the existing accusatory pleading with the timelines for preliminary examination and trial reset, pursuant to Penal Code…