People v. Anson

Opinion

FYBEL, J.

Roger Thomas Anson appeals from a judgment of conviction for a misdemeanor violation of the Gun-Free School Zone Act of 1995 codified at Penal Code section 626.9 (all further statutory references are to the Penal Code). This court has jurisdiction because defendant was solely charged with a felony violation of section 626.9.

After defendant was arrested for indecent exposure, a police officer conducted a search of his camper. The officer found handcuffs and a loaded .380-caliber semiautomatic handgun. Defendant was convicted for misdemeanor possession of a firearm within 1,000 feet of an elementary school, in violation of section 626.9.

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Defendant contends (1) the trial court erred by failing to suppress evidence from the search of the camper because the search was based on an unlawful arrest, and (2) defendant’s camper qualified as a residence excepted from the requirements of section 626.9. We affirm.

In the unpublished portion of this opinion, we hold that the trial court did not err by refusing to suppress evidence obtained by a search conducted incident to defendant’s arrest.

In the published portion of this opinion, we hold that defendant’s camper does not qualify for the residence exception in section 626.9.

Background

Defendant owned a 1988 Toyota camper. The camper included a cab area where the driver and a passenger could sit. Behind the cab area there was a living space which included a sink, a stove, a bathroom with a toilet, a bed, a refrigerator, and a sofa. The cab area and the living space were separated by a cloth curtain. The camper contained all of defendant’s clothing and other personal belongings as well as food and water.

During the period from November 5, 1998, to November 5, 1999, defendant often slept in and otherwise lived in his camper. From time to time, defendant parked the camper at or near the intersection of Cameron Drive and Country Club Road in the City of Buena Park. On November 4, 1999, defendant’s camper was parked at this location in front of a public park and approximately 135 feet from Beatty Elementary School.