(Super. Ct. No. CRF10-491)
The opinion of the court was delivered by: Butz , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Following a court trial, defendant George Isequiel Garcia was convicted of two counts of felon in possession of a firearm (Pen. Code, former § 12021, subd. (a)(1)),*fn1 felon in possession of ammunition (id., former § 12316, subd. (b)(1) [now § 16150]), and possession of drug paraphernalia (Health & Saf. Code, § 11364), with two prior strike allegations (Pen. Code, §§ 667, subds. (d) & (e), 1170.12, subds. (b), (c)). The trial court denied defendant's motion to dismiss one strike and sentenced defendant to 25 years to life in state prison.
On appeal, defendant contends the trial court should have stayed sentence on one of the felon in possession counts pursuant to section 654. He also claims the trial court abused its discretion in denying his motion to dismiss a strike. We shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On September 19, 2010, at around 2:30 p.m., Marysville Police Officer Adam Barber stopped defendant for driving with expired registration tags. Barber issued a citation and advised defendant he was going to tow the car because the registration had expired more than six months earlier. After being told to retrieve his property, defendant grabbed a long, brown wallet near the center console and got out of the car.
As Officer Barber prepared the car for an inventory search, the tow truck driver pointed out a gun in the car's trunk. Barber took the gun, which was loaded with six rounds. A search of defendant found a methamphetamine pipe in one of his pockets and a loaded .22-caliber pistol in his wallet.
According to the probation report, defendant's juvenile record consisted of seven misdemeanor convictions and a felony conviction for assault by means likely to produce great bodily injury (former Pen. Code, § 245, subd. (a)(1)) between 1994 and 1997, with a dishonorable discharge from the California Youth Authority in 1999. Later that year, defendant suffered an adult conviction for first degree burglary (id., § 459) and was sentenced to four years in state prison after he broke into his ex-girlfriend's residence in the middle of the night and assaulted various family members with a bat. Between 2001 and 2003, defendant sustained two parole violations and a conviction for misdemeanor driving under the influence (Veh. Code, § 23152). In 2003, he was convicted of assault with a firearm (former Pen. Code, § 245, subd. (a)(2)) and sentenced to seven years in state prison for firing a gun at a pizza delivery person. He was paroled in 2008, and discharged from parole on October 31, 2009.
The trial court observed that defendant was found in possession of a stolen firearm in Sutter County on September 30, 2010, shortly after the incident in the instant case. According to the trial court, officers found numerous boxes of ammunition of various calibers, and two .22-caliber rifles. In denying defendant's motion to dismiss a strike, the trial court noted this conduct, the nature of the current offense, and defendant's lengthy criminal history.
The trial court sentenced defendant to 25 years to life on count 1, felon in possession of a firearm, and imposed a concurrent 25 years to life term on count 2, the other felon in possession of a firearm count, and stayed sentence on the felon in possession of ammunition count pursuant to section 654. Defendant contends the sentence in count 2 should have been stayed pursuant to section 654. The Attorney ...