People v. Macedo CA3

Filed 1/21/15 P. v. Macedo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075324

Plaintiff and Respondent, (Super. Ct. No. 12F03640)

v.

RANDY SCOTT MACEDO,

Defendant and Appellant.

A jury found defendant Randy Scott Macedo guilty of possession of a destructive device, possession of ammunition by a felon, two counts of possession of a silencer, possession of an assault weapon, possession of methamphetamine, and two counts of felon in possession of a firearm. The trial court sustained three prior conviction allegations and sentenced defendant to 10 years eight months in state prison. On appeal, defendant contends there is insufficient evidence to support one of the felon in possession of a firearm counts and there is an error in the abstract regarding the award of presentence credits. We shall order a correction to the abstract and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND On June 7, 2012, Sacramento County Sheriff’s Deputies conducted a welfare check at the home of defendant, his seven-year-old daughter, and defendant’s grandfather, Jerry Reinhold. The welfare check was in response to threatening voice mails defendant left with his former girlfriend Rachel Claunch. A search of defendant’s bedroom found a bomb, boxes of 7.62 x 39 rifle ammunition, several live 7.62 x 39 cartridges out in the open, handcuffs, a box of assorted ammunition, a small amount of methamphetamine, and photographs of defendant possessing firearms. The bomb, which contained metal screws, tacks, and nails, was a deadly weapon which would detonate if flame was applied to the fuse. A hidden compartment on the floor of the hallway closet contained a rifle magazine, a homemade silencer, a shotgun shell in a plastic bag, a device for loading Glock magazines, a Hells Angels Daly City patch, and a spring with instructions labeled “booby trap.” A large metal canister containing ammunition was found in the living room. Several handguns belonging to Reinhold were in a locked safe in the den. Behind a false wall in the garage was a compartment containing assault rifle parts and a large quantity of rifle and handgun ammunition. Inside Reinhold’s bedroom, deputies found a locked bedroom closet containing weapons haphazardly piled underneath clothing. These included: a 12-guage shotgun, a .45-caliber Springfield Armory 1911 pistol, a Springfield M1A1 .308-caliber rifle, an XM-15 assault rifle, and the upper assembly for an assault rifle. The closet also contained several gun holsters, a magazine pouch, ammunition, a commercial silencer, a bag of rifle parts, and a bag containing a business card with the words “save for Randy Macedo.” The magazine pouch and one of the holsters matched those found in a photograph found elsewhere in the house that depicted defendant holding a gun. A plastic bag containing pyrotechnic powder was also found in the closet.