People v. Pearson CA1/1

BACKGROUND

A private investigator for a bail bond company chased down defendant, mistaking him for someone else. Believing he saw a gun magazine on defendant, the investigator tased him. After the two struggled briefly on the ground, the investigator handcuffed and searched defendant, and then searched the immediate vicinity, finding a gun with a partially loaded

1 All statutory references are to the Penal Code.

1 magazine. The investigator locked the gun in a vehicle and contacted the police. When officers arrived, they retrieved the handgun from the investigator. It contained a 31-round magazine, loaded with 18 rounds of nine-millimeter ammunition. The gun was also inoperable because it was missing a firing pin. Defendant said he knew the firing pin was missing, and he had the gun for protection. When the police searched defendant, they found some additional rounds of the same type of ammunition in his clothing. The Solano County District Attorney charged defendant with possession of a firearm by a felon (§ 29800, subd. (a)(1)) and possession of ammunition by a felon (§ 30305, subd. (a)(1)). A jury convicted him of both counts, and the trial court sentenced him to a midterm…