P. v. Phipps




Filed 3/9/11 P. v. Phipps CA3




NOT TO BE PUBLISHED


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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Yolo)
----

THE PEOPLE, Plaintiff and Respondent, v. JAMES MART PHIPPS, Defendant and Appellant.

C062497 (Super. Ct. No. CRF070004744)

A jury convicted James Mart Phipps of giving or lending an assault weapon ( ADDIN BA xc <@st> xl 32 s FELDMC000001 xpl 1 l "Pen. Code, § 12280, subd. (a)(1)" Pen. Code, § 12280, subd. (a)(1); unspecified section references that follow are to the ADDIN BA xc <@ost> xl 10 s FELDMC000018 xpl 1 l "Penal Code" Penal Code; count 1), possessing an assault weapon ( ADDIN BA xc <@osdv> xl 18 s FELDMC000019 xpl 1 l "§ 12280, subd. (b)" § 12280, subd. (b); count 2), and possessing a firearm while prohibited from doing so by a restraining order, a misdemeanor ( ADDIN BA xc <@osdv> xl 21 s FELDMC000020 xpl 1 l "§ 12021, subd. (g)(2)" § 12021, subd. (g)(2); count 3). The court suspended imposition of sentence and granted defendant probation.
Defendant appeals. He contends (1) insufficient evidence supports counts 1 and 2, (2) the trial court prejudicially erred in refusing a requested instruction on the defense of lawful registration of an assault weapon, requiring reversal of counts 1 and 2, and (3) his admissions were obtained in violation of ADDIN BA xc <@cs> xl 55 s FELDMC000002 xhfl Rep l "Miranda v. Arizona (1966)384 U.S. 436 [16 L.Ed.2d 694]" Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] ( ADDIN BA xc <@$cs> xl 7 s FELDMC000002 xpl 1 Miranda). We affirm the judgment.
Facts and Proceedings
Defendant's wife obtained a temporary restraining order (TRO) that required defendant to relinquish his firearms to law enforcement officers. As a result of the TRO, defendant's name appeared on a computer database which listed all persons who were prohibited from owning firearms but had firearms registered in their name.
On June 27, 2007, Department of Justice, Bureau of Firearms, Special Agent Lee Careaga found defendant's name on the database which showed that defendant had an AR-15 assault weapon and a SWD MAC 11 assault pistol (MAC 11) registered in his name. Defendant legally registered the weapons in 1990.
On June 28, 2007, Careaga learned from the Woodland Police Department that defendant had turned in the AR-15 but not the MAC 11. Careaga went with two other agents to the Cinderella Hotel where defendant was staying. Defendant stated that he had turned the AR-15 in to the police for safekeeping. Defendant claimed three or four times that he had broken the MAC 11 with a hammer and had thrown it away and he denied that he had given the MAC 11 to a friend. Defendant then signed a â€