People v. Lewin CA2/8

Filed 12/23/15 P. v. Lewin CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263102

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA082404) v.

ANGELA LYNN LEWIN,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Daniel B. Feldstern, Judge. Affirmed as modified.

Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. **********

A jury convicted defendant and appellant Angela Lewin of one count of possession of a firearm by a felon and one count of possession of ammunition by a felon. Defendant raises two issues on appeal: (1) the record lacks substantial evidence supporting the element of possession on either count; and (2) the two 1-year enhancements imposed pursuant to Penal Code section 667.5 must be vacated as the underlying convictions have been reduced to misdemeanors. We conclude defendant’s convictions are supported by substantial evidence and are properly affirmed, but agree she is entitled to a sentence modification. FACTUAL AND PROCEDURAL BACKGROUND In October 2014, Deputy Robert Erena of the Los Angeles County Sheriff’s Department was assigned to the parole compliance team. Defendant was one of the parolees he monitored. At approximately 6:30 a.m. on October 30, Deputy Erena, along with five other deputies and a sergeant, went to defendant’s home to conduct a search. An arrest warrant had been issued for defendant as she had violated parole and was deemed a parolee at large. The deputies were aware there might be firearms in the home. When they arrived at the home on Colette Avenue in Van Nuys (the address defendant listed with her parole officer as her residence), the deputies knocked and announced their arrival. Defendant and her boyfriend answered the door together. Defendant, who was cooperative, was arrested and placed in a patrol car. Her boyfriend, who was not a parolee, was detained on the front porch. The deputies conducted a search of defendant’s home. During the search of defendant’s home, the deputies discovered a locked safe in the hallway closet containing ammunition and multiple firearms, including several illegal semi-automatic rifles. The deputies also found a locked safe in defendant’s bedroom that contained a loaded 45-caliber handgun. The closet safe was locked with a padlock. The key to the lock was on a keychain defendant’s boyfriend had in his pocket, which the deputies located during a patdown search. The safe in the bedroom was bolted to the bed and was opened with a set of keys found lying on the bedroom dresser. The bedroom