P. v. Smith CA2/1
On April 11, 2017, Nicholas Brandon Smith (Smith) was charged with possession of firearm by a felon, in violation of Penal Code section 29800, subdivision (a)(1) (count one) and unlawful possession of ammunition, in violation of section 30305, subdivision (a)(1) (count two).
The People further alleged that as to counts one and two, an executed sentence had to be served in state prison pursuant to section 1170, subdivision (h)(3), because Smith had suffered a prior conviction for a serious felony under section 1192.7 or a violent felony under section 667.5, subdivision (c), when convicted of violating section 211 on November 1, 2011.
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