P. v. White CA2/1

Filed 7/25/13 P. v. White CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B243562

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA090939) v.

QUINTEN WHITE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Mark C. Kim, Judge. Reversed in part and affirmed in part. David Andreasen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, and Seth P. McCutcheon, Deputy Attorney General, for Plaintiff and Respondent. _________________________________

Defendant Quinten White appeals from the judgment entered following a jury trial in which he was convicted of two counts of possession of a firearm by a felon. Defendant contends he was improperly convicted of two counts based upon continuous possession of a single gun, the trial court committed evidentiary error, and territorial jurisdiction was not established for one of the offenses. The Attorney General concedes that the evidence established only a single continuing possession of a single gun, and thus permitted only one conviction. We reverse defendant’s conviction as to one of the two counts, but otherwise affirm. BACKGROUND Just after midnight on December 24, 2011, a citizen flagged down Long Beach Police Officer Kalid Abuhadwan outside the Rhythm Lounge in Long Beach and said there was a person with a handgun inside the lounge. (Date references pertain to 2011.) Abuhadwan broadcast the information over his radio and went inside the lounge to investigate. Someone told him there had been a fight and “everybody left.” Long Beach Police Officer Robert Trout was driving his police patrol car on Pacific, near Fourth Street, en route to assist other officers with a traffic stop. Trout was following behind another police car when defendant suddenly ran across the street right in front of them, against traffic. The driver of the police car ahead of Trout slammed on the brakes and swerved to avoid hitting defendant. Trout stopped his car and directed defendant to approach. Defendant looked at Trout, then ran west on Fourth Street. Trout drove south and through a parking lot to attempt to head off defendant. A doughnut shop near the corner of Fourth and Pacific blocked Trout’s observation of defendant for about 10 seconds. Trout did not see defendant throw anything. Trout stopped defendant and searched him. Defendant had no weapons, but he had a bleeding laceration on his right “pinky” finger and wet blood on both of his palms. Defendant told Trout he had been involved in an altercation and wanted to go home. Trout talked to Abuhadwan by radio and learned of the report of a person with a gun. Trout told defendant he was free to go.