The opinion of the court was delivered by: Cantil-sakauye,j.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury convicted defendant Frederick Ralph Cross of being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1))*fn1 and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364), while sustaining a strike allegation. The court sentenced defendant to four years in prison.
On appeal, defendant contends his conviction for possessing a firearm in his own home violates his Second Amendment right to bear arms; the court deprived him of due process by failing to give an accomplice instruction; and there are various errors in the abstract. We shall order corrections to the abstract and affirm.*fn2
In April 2007, the Sacramento County Sheriff's Office executed a search warrant on a house inhabited by 13-year-old F.S., his mother C.S., and defendant.
Defendant had been F.S.'s mother's boyfriend on and off for F.S.'s entire life. F.S. did not like defendant because he would hit the boy and his mother. Defendant would use drugs at the house, a white powder smoked in a glass pipe, and would get "all mean" after using them.
F.S. once saw a canister of Brut shaving cream on top of the bathroom sink in defendant's room. He took off the bottom of the canister and found a white substance in a baggie, along with needles and a pipe. He hid the items in the backyard bushes to keep defendant and his mother from using drugs.
Executing the warrant, Sacramento County Sheriff's Sergeant Randall Winn knocked and announced his presence without a response. Sergeant Winn entered through the front door and saw defendant run to the left side of his vision. He continued in and saw defendant run from the family room towards the kitchen, which was connected to the garage. After defendant returned to the kitchen from the garage about six to seven seconds later, Sergeant Winn detained him.
A search of the garage found two tool boxes, one in defendant's name and another in the name of B. Kovac, the person from whom defendant sublet the house. A boat was also in the garage. A loaded .22-caliber semiautomatic gun was found on the floorboard below the boat's steering wheel, and a glass pipe used to smoke drugs was found on the front seat.
A search of the master bedroom found hypodermic syringes and a glass pipe in a dresser. A zippered pouch containing additional syringes and a metal spoon with a chunky white substance were found in the master bathroom. Other syringes were found in a bathroom drawer and the ...