People v. Abdul-Jaami CA1/1

Filed 7/3/14 P. v. Abdul-Jaami CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A139737 v. KHALIL ABDUL-JAAMI, (Lake County Super. Ct. No. CR930788) Defendant and Appellant.

Defendant Khalil Abdul-Jaami appeals from a judgment following a jury verdict finding him guilty of unlawfully possessing a firearm (Pen. Code, § 29900, subd. (a)(1)).1 The trial court sentenced him to the upper term of three years doubled because of a prior strike, plus two consecutive one-year prison prior enhancements, for a total sentence of eight years in state prison. His appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, was given additional time to do so, but did not file anything further. Upon independent review of the record, we conclude no arguable issues are presented for review, and affirm the judgment. DISCUSSION In October 2012, the District Attorney for Lake County filed a two-count felony complaint against defendant, alleging he unlawfully owned, possessed or had custody of 1 All further statutory references are to the Penal code unless otherwise indicated. 1

a firearm (§ 29900, subd. (a)(1)) and unlawfully purchased, received or had control of a firearm (§ 29800, subd. (a)(1)). It was further alleged he had been convicted of a serious or violent offense (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), and had served two prior prison terms (§ 667.5, subd. (b)) and was ineligible for probation (§ 1203, subd. (e)(4)). A month later, the prosecution filed a first amended complaint, adding counts for unlawfully carrying a concealed weapon (§ 25400, subd. (a)(1)) and unlawfully possessing a stolen firearm (§ 496, subd. (a)). At the preliminary hearing Deputy Sheriff Lyle Thomas testified he pulled defendant over for running a red light and determined he was on probation. When defendant repeatedly hesitated in answering whether he had anything illegal in the car, Thomas searched it and discovered a loaded gun hidden in a sock under the driver’s seat. At that point, Thomas advised defendant of his Miranda2 rights and arrested him. Defendant denied knowing about the weapon. Criminal Investigator Denise Hinchcliff testified to numerous phone calls defendant made from the jail to the owner of the car, Karen Johnson. Johnson was upset about the gun and suggested defendant could claim he needed it to protect his family. Hinchcliff also determined the gun was registered to an individual who was deceased and had been stolen from the home of one of the county deputy district attorneys. The prosecution also entered into evidence defendant’s conviction records. The court held defendant to answer as to the first three charges, but found insufficient evidence he knew the firearm was stolen. The court also found defendant in violation of his probation in another matter. The district attorney then filed a three-count information in December 2012, charging defendant with unlawfully owning or possessing a firearm in violation of sections 29900, subdivision (a)(1) (count I) and section 29800, subdivision (a) (count II), and carrying a concealed weapon in violation of subdivision 25400, subdivision (a)(1) (count III). It further charged he had been convicted of a serious or violent offense