People v. Mosley CA2/4

California Court of Appeal Jan 9, 2015 No. B255804Unpublished

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Holding. The court affirmed the defendant's conviction for possession of a firearm by a felon, finding that the evidence established constructive possession and that the defendant's claims regarding illegal search and ineffective assistance of counsel were procedurally barred or outside the appellate record.

Issues

Whether the prosecution proved the requisite mental state for possession of a firearm by a felon.
Whether the defendant may challenge the warrantless seizure of the firearm for the first time on appeal.
Whether the defendant's claims of ineffective assistance of counsel are cognizable on direct appeal.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“that crime requires no mental state other than that defendant knew of the presence of the firearm, and was in possession of it.”

“because defendant failed to make a motion to suppress the firearm in the trial court, he cannot challenge the search on appeal.”

“All of these alleged failures rest on matters outside the record on appeal.”

Filed 1/9/15 P. v. Mosley CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B255804

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA103165) v.

ALVIN DEVON MOSLEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, George Genesta, Judge. Affirmed. Gusdorff Law and Janet Gusdorff, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted defendant Alvin Devon Mosley of one count of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)),1 and acquitted him of one count of criminal threats (§ 422, subd. (a)). The trial court sentenced him to a term of two years in state prison. He appeals from the judgment of conviction.

BACKGROUND2 Prosecution In the morning of September 15, 2013, defendant’s wife, Myrna Doe, who had filed for divorce, received a phone call from defendant allegedly threatening to kill her.3 She called the La Verne Police Department. When an officer arrived, she told him about the threat, and he left to get an emergency restraining order. Meanwhile, defendant called, allegedly threatened her again, and sent her a text message, “the walking dead.” She went to the La Verne police station, reported the threats, and showed La Verne Police Officer David Chavira the text message. Later than morning, based on this information, an arrest warrant was issued for defendant. La Verne Police Officer Michael Scranton, along with Officer Chavira and several other officers, went to defendant’s apartment to execute the warrant. The officers surrounded the apartment. One or more knocked on the door and asked defendant to come out. After about 10 minutes, defendant responded, saying that he was coming out and that all of this was about a fight with his wife. Officers opened the door (it was unlocked), and defendant was standing at the

People v. Mosley CA2/4

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B255804

ALVIN DEVON MOSLEY,

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