People v. Duckett CA2/8

Filed 7/10/14 P. v. Duckett CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B248718

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA056686) v.

HARVIE E. DUCKETT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eric P. Harmon, Judge. Affirmed.

Thien H. Tran, 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, Assistant Attorney General, Susan Sullivan Pithey and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted Harvie E. Duckett of possession of a firearm with a prior violent conviction (Pen. Code, § 29900, subd. (a)(1)), and the trial court thereafter found Duckett had suffered various alleged prior convictions, including a conviction for robbery in 1990 that qualified as a strike. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) On appeal, Duckett claims ineffective assistance of counsel and sentencing error under the “Three Strikes” law. We affirm. FACTS On June 28, 2012, Los Angeles County Sheriff’s Department Deputy Scott Woods went to a two-unit residential building on Beach Avenue in Lancaster, numbered respectively as 44418 and 44418 ½, to execute a search warrant. The face of the search warrant authorized police to search the apartment numbered 44418 ½. We do not see a copy of the warrant itself in the record, but Deputy Woods had received information that Duckett lived at the 44418 ½ apartment. When Deputy Woods arrived at the building on Beach Avenue, he went to the apartment numbered 44418 ½, where a tenant advised the deputy that Duckett actually lived at the apartment numbered 44418. Deputy Woods then proceeded to the apartment numbered 44418. When Deputy Woods got to the front door of the apartment numbered 44418, he detained Duckett and put him in a patrol car. Deputy Woods then went back and walked into the apartment and “did a protective sweep.” In so doing, Deputy Woods came into contact with Joy Jefferson, who identified herself as Duckett’s spouse. Within a matter of “minutes,” Deputy Woods obtained Jefferson’s written consent to search the apartment numbered 44418, and obtained Duckett’s written consent to search the apartment as well. During the search, Deputy Woods found a shotgun in a master bedroom closet, and methamphetamine in a nightstand next to the bed in the bedroom. In July 2012, the People filed an information charging Duckett with three counts, respectively listed as follows: possession of a controlled substance, methamphetamine, with a loaded firearm (count 1; Health & Saf. Code, § 11370.1, subd. (a)), possession of a controlled substance, methamphetamine, for sale (count 2; Health & Saf. Code, § 11378), and of possession of a firearm with a prior violent conviction, to wit, robbery (count 3;