People v. Johnson CA3

Filed 1/6/16 P. v. Johnson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), pr/ohibits courts and parties from citing or relying on opinions not certified for ublication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C074906

Plaintiff and Respondent, (Super. Ct. Nos. 10F01523, 12F04265) v.

TYRONE JOHNSON,

Defendant and Appellant.

A jury convicted defendant Tyrone Johnson of passing a completed check with intent to defraud (Pen. Code, § 475, subd. (c); unless otherwise stated, statutory references that follow are to the Penal Code; count one), of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count three), and possession of drug paraphernalia, a misdemeanor (Health & Saf. Code, § 11364; count four). The jury acquitted defendant of possession of counterfeit bills with intent to defraud (count two). Defendant admitted a strike prior (§§ 667, subds. (b)-(i), 1170.12). The court found defendant in violation of probation in case No. 10F01523. The court sentenced defendant to state prison for an aggregate term of seven years four months.

1

Defendant appeals. He contends (1) section 29800 violates the Second Amendment as applied to him and (2) the prosecutor committed prejudicial misconduct in closing argument. We affirm the judgment.

FACTS AND PROCEEDINGS

About 11:00 a.m. on June 20, 2012, defendant entered the Wells Fargo Bank in Citrus Heights, approached teller Michael Jimenez, and presented a check in the amount of $2,600 for deposit into defendant’s business account. The check had been written on the account of Jacqueline and Jerry Skaggs at the First Northern Bank of Dixon. In filling out the deposit slip, Jimenez noted it was a large deposit for a new account (just opened a day or two before) and thought the check looked suspicious based on the printing on the check. Jimenez notified the branch manager, Jaime Caraveo, Jr. Caraveo called someone at First Northern Bank and they concluded it was a fraudulent check. Caraveo called the police. About 11:25 a.m., Officer Janet Schaefer heard a radio dispatch for an incident at the bank and a description of the suspect. Officer Schaefer happened to be across the street from the bank. She saw a car with a person matching the description, defendant was the driver and no one else was in the car. Other officers arrived. Defendant was on searchable probation. In a backpack found on the front passenger seat of the car, an officer found mail addressed to defendant in the large compartment of the backpack and an unloaded .25-caliber handgun in the smaller compartment. A records check on the gun did not reveal the owner. A search of the car produced a glass pipe used for smoking methamphetamine and a hypodermic needle and syringe. Defendant’s wallet contained two $20 bills which felt like binder paper, had smudged ink, and were missing the security stripe. When asked about the bills, defendant admitted knowing the bills were fake and had planned to turn them in and make a police report but had forgotten. He explained he got the bills at a casino.