People v. Graham CA2/4

Filed 12/3/24 P. v. Graham CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B327105

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA501506 v.

JOHN GRAHAM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David R. Fields, Judge. Affirmed. Gabriel Silvers, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Stephanie A. Miyoshi and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION AND PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging defendant and appellant John Graham with possession of a firearm by a felon, and alleging he had previously been convicted of five felonies. (Pen. Code, § 29800, subd. (a)(1).)1 The jury found him guilty, and the trial court sentenced him to a midterm of two years in state prison. Graham timely appealed. On appeal he argues: (1) his conviction violated the Second Amendment; and (2) the trial court erred by admitting evidence that, when police discovered the firearm in Graham’s car, they also discovered marijuana and over $4,000 in cash. We reject these contentions and affirm the judgment.

FACTUAL BACKGROUND

On July 21, 2021, around 8:00 p.m., Graham was driving an Audi with two passengers in the car, when Los Angeles Police Officer Emanuel Ramirez conducted a traffic stop. As Officer Ramirez approached the Audi, he smelled the strong odor of what he believed was marijuana, and he saw multiple jars containing marijuana under the front passenger seat. Officer Ramirez searched the Audi and discovered a loaded firearm. The gun had a bullet in the chamber. Officer Ramirez also found two jars of marijuana under the front passenger seat and a bag of marijuana in the glove compartment. Officer Ramirez and his partner placed Graham under arrest, and when they patted him down, they discovered over $4,000 in cash in his pocket.