People v. Kayser CA4/1

Filed 3/25/26 P. v. Kayser CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D087608

Plaintiff and Respondent,

v. (Super. Ct. No. FVI20000567)

ERIC HANS KAYSER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Sarah Oliver, Judge. Affirmed in part, reversed in part, and remanded with directions. Bruce L. Kotler, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General, Christopher P. Beesley and Caelle Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Eric Hans Kayser of possession for sale of methamphetamine with a firearm enhancement and possession of methamphetamine while having a loaded, operable firearm. Kayser first contends the trial court erred by failing to instruct the jury on the lesser included offense of simple possession of methamphetamine. Without determining whether there was error, we conclude any error was harmless. Second, Kayser argues the trial court erred by failing to apply Penal

Code section 1170, subdivision (h)(5)(A) and (B),1 regarding mandatory supervision, after sentencing him to county jail. The People agree, and we accept their concession. Accordingly, we remand the case for resentencing. Otherwise, we affirm the judgment. BACKGROUND On February 25, 2020, law enforcement, including Officer Justin Carty, executed a search warrant on Kayser’s residence in Hesperia, California. In the living room, officers found multiple instruments used for cutting or separating narcotics and a metal spoon with a white crystalline substance consistent with methamphetamine. In the office, Kayser had a laptop with wires connected to many surveillance cameras located inside and outside the house. The office closet had an open safe, where law enforcement found: a large bag of methamphetamine, two smaller bags of methamphetamine, a digital scale, a box of clear bags commonly used to package narcotics, an envelope with $400 cash in various denominations, a loaded revolver, and two other firearms. The large bag of methamphetamine weighed 52.66 grams. The revolver belonged to Kayser, and it was operable. Kayser also had $385