P. v. Gutierrez CA4/2
Defendant and appellant Frank Ernest Gutierrez brought a motion to suppress evidence obtained during a protective sweep of his residence. The trial court partially granted defendant’s motion as to a rifle found inside a case and denied the motion as to all other items found inside the residence. Thereafter, in a plea to the court, defendant pled guilty to possession of a firearm by a felon (Pen Code, § 29800, subd. (a)(1); count 2), possession of ammunition by a felon (§ 30305, subd. (a); count 3), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 4), and possession of marijuana (Health & Saf. Code, § 11357, subd. (c); count 5). Defendant also admitted that he had suffered four prior prison terms (Pen. Code, § 667.5, subd. (b)) and two prior felony strike convictions. In return, the trial court sentenced defendant to the indicated sentence of 32 months in state prison.
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