People v. Mahrt CA1/2

Filed 11/27/13 P. v. Mahrt CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A138851 v. GREGORY MAHRT, (Sonoma County Super. Ct. No. SCR623663) Defendant and Appellant.

Gregory Mahrt appeals from a judgment entered on his plea of guilty to possession of a firearm and ammunition (Pen. Code §§ 29800, subd. (a)(1), 30305, subd. (a)(1))1 despite firearm restrictions imposed due to a prior felony conviction. His court-appointed attorney has filed a brief raising no legal issues and requesting this court to conduct an independent review of the record pursuant to People v. Wende (1979) 26 Cal.3d 436. FACTS AND PROCEEDINGS BELOW The presentence report filed with the court by the probation department on May 16, 2013, which was used by the court to establish a factual basis for appellant’s plea upon the stipulation of defense counsel, describes the pertinent facts as follows: “On 09/03/12 at approximately 10:00 p.m., deputies were dispatched to a residence on Magnolia Avenue in Petaluma regarding a verbal argument between a male and female over a gun. As the deputies arrived at the residence, the defendant Gregory Mahrt walked outside and was detained and asked about the argument and the gun. Mahrt was

1 All statutory references are to the Penal Code unless otherwise indicated.

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uncooperative and would not answer any questions. When asked about the female reportedly involved in the argument, Mahrt reported she left the residence prior to their arrival. Based on the possible domestic violence report and the mention of a deadly weapon, the deputies conducted a search of the residence. “Deputies began the search at the northernmost structure on the property which appeared to be a garage that had been converted to a room. As the deputies approached the room, Mahrt began yelling that he did not want the deputies to enter his room. Upon entry into the room, deputies observed several ammunition cans on the floor in the center of the room. One of the cans was open and the deputy noticed it was full of miscellaneous calibers of ammunition. Also noticed was what appeared to be an AR-15 Rifle on a shelf above the bed, which was later determined to be a replica. “A deputy then re-contacted the defendant and questioned his criminal conviction history, with Mahrt admitting he had a past felony conviction. The defendant was placed under arrest for being a felon in possession of ammunition. The search of the defendant’s room continued as deputies located 11 cans of ammunition full of multiple calibers of ammunition and a guitar case that contained two firearms: a loaded shotgun with the barrel removed (barrel was in the case with the shotgun), and an AK-47 Rifle with a fully loaded 30-round magazine in the case. Also located were 19 capacity rifle magazines in the room. “Mahrt was interviewed regarding the firearms and ammunition. He stated he was ‘holding’ them for a friend but would not identify who. He also confirmed he had sole access to the room and everything in the room belonged to him. “Mahrt was transported to Sonoma County Jail. The firearm and ammunition seized were booked into evidence. The deputy also photographed a handwritten statement on the door that read ‘In times of tyranny and injustice, when law oppresses the people, the outlaw takes his place in history.’ ” Appellant was declared a ward of the court in 1984 and placed on juvenile formal probation, which he violated. He has a long history of substance abuse and a lengthy subsequent record of misdemeanor and felony convictions as a juvenile and adult. Two