People v. Holt CA3

Filed 5/6/15 P. v. Holt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C075904

Plaintiff and Respondent, (Super. Ct. No. 13F05074)

v.

MARVIN HOLT,

Defendant and Appellant.

A jury found defendant Marvin Holt guilty of two counts of being a felon in possession of a firearm and one count of being a felon in possession of ammunition. On appeal, defendant raises the following three contentions: (1) his trial counsel was ineffective for failing to object to the alleged lay opinion testimony of one of the officers; (2) the prosecutor committed misconduct in closing argument, and to the extent this argument is not preserved, it was either futile to object or trial counsel was ineffective; and (3) the cumulative prejudice violated his due process right to a fair trial. Disagreeing, we affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Sacramento Police Officers Andrew Toy and Chris Baptista were following up on information that defendant, a felon, was staying at a specific house in Sacramento. Defendant was outside with a woman named Whendi and another man named Ryan. Ryan consented to the police searching the house. In the southeast bedroom, Officer Toy found prescription bottles with defendant’s name, including one that contained a 600-milligram Ibuprofen blister pack on the headboard of the bed. Also on the headboard he found a case of .22-caliber live ammunition. The officer saw a backpack leaning against the bed that contained a loaded .22-caliber Ruger revolver wrapped in a green towel and another 600-milligram Ibuprofen blister pack that was similar to the one found on the headboard. Inside the closet of that bedroom he found mail with defendant’s name and a bolt-action Springfield rifle. Based on the fact defendant’s medication was in the room, Officer Toy determined defendant was staying in that room. And based on “the fact that the medication that was the blister packs and the pill bottles belonging to [defendant] matched . . . the prescription medication found in the backpack, we also believe that [defendant] had control and custody of that backpack.” “And so [defendant was] arrested then for possession of the firearms and ammunition.” Defendant, Ryan, and Whendi were all placed together in a police car. An in-car camera recorded their conversation. Defendant said to Ryan, “Ryan, make sure you tell them the gun is yours.” Ryan responded, “Where?” Defendant said, “It’s in the backpack.” Later, defendant said to Whendi, “Make sure you tell Ryan to claim the guns. There’s a rifle in the closet that’s his, and a pistol.” After being confronted with this recording, defendant told Officer Baptista he “might find [defendant’s] prints [on the revolver] because [defendant] th[ought] that he did touch the revolver.”