People v. Bullock CA3

Filed 8/25/15 P. v. Bullock CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C077211

Plaintiff and Respondent, (Super. Ct. No. 62122237)

v.

DARIS MEADE BULLOCK,

Defendant and Appellant.

A jury found defendant Daris Meade Bullock guilty of being a felon in possession of a firearm and being a felon in possession of ammunition and found true that he was armed with a firearm when committing these two offenses. The jury acquitted him of making a criminal threat. The trial court sentenced him to five years in prison. On appeal, defendant raises contentions relating to the evidence, the instructions, trial counsel’s performance, and sentencing.

1

We agree with one, namely, the trial court should have stayed the one-year sentence for being armed with a firearm attached to his conviction for being a felon in possession of a firearm. We modify the sentence and affirm as modified. FACTUAL AND PROCEDURAL BACKGROUND On May 31, 2013, Michelle Morales, her husband, and her other family and friends were camping at Rollins Lake. She met defendant, who was playing a guitar near the river, and she and her friends talked with him and his wife. Morales and her friends ended up going to defendant’s house and having some drinks with him. Morales returned to her campsite, and defendant joined her, her husband, and her friends, and all of them were singing, drinking, talking, and having a good time. Morales ended up drinking too much, getting sick, and going to bed. Morales awoke to the sound of arguing, and she sent her husband out to see what was going on. Morales decided to get out of her tent as well. She testified she could not remember what happened next because she was too intoxicated. But, upon questioning, she testified there was an altercation involving defendant, and she saw a firearm “[i]n [defendant’s] back pocket.” The part she initially saw was the handle of the gun and upon seeing it, she “[g]rabbed it and handed it off,” “[b]ecause [she] didn’t want nobody to get hurt.” She called police. Defendant “ended up taking off walking” and Morales was relieved. However, defendant came back. Morales was “pretty sure that [defendant] was angry that we called the police on him. I’m pretty sure he yelled, ‘Why did you call the police.’ ” Morales called police again. This time, Placer County Sheriff deputies Dustin Johnston and Sasha Glenwinkel came to the campsite. Morales talked to Deputy Glenwinkel, but Morales testified she could not remember what they talked about. According to Deputy Glenwinkel, Morales was sober and lucid and answered the deputy’s questions. Morales said that defendant “threatened to come back and get ‘em all” when he learned Morales had called police the