People v. Davis CA3

Filed 3/23/16 P. v. Davis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076665

Plaintiff and Respondent, (Super. Ct. No. 13F07456)

v.

SCOTT RANDOLPH DAVIS,

Defendant and Appellant.

Appointed counsel for defendant Scott Randolph Davis has asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the record, we find a clerical error in the abstract of judgment, which we will correct, and we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

FACTS AND PROCEEDINGS

On November 13, 2013, Sacramento Police Officer Jason Start contacted Dennis Jackson at a convenience store and escorted him to his apartment along with a team of other officers. After knocking and announcing their presence, two females opened the door and allowed the officers inside. Inside, the officers conducted a protective sweep of the apartment. Probation Officer Brian Rossi entered a bedroom, pulled back a sheet covering the closet, and found defendant lying on the ground. Officer Rossi handcuffed defendant and placed him in the patrol car. Sacramento Police Officer Christopher Shippen searched the closet where defendant was found. Inside, Officer Shippen found two pill bottles sitting on a shelf alongside some clothing and shoes. The larger bottle contained a plastic bag inside of which were 63 smaller bindles of heroin. The smaller bottle contained crystal methamphetamine. In the bedroom, Officer Shippen found a cell phone plugged into a wall outlet and sitting on top of a small table. Shippen looked through the photos on the cell phone to determine ownership and saw several photos of defendant and a few photos of an unidentified man. There were also photos of a gun on the cell phone, including one with a person’s left hand with tattoos matching those on defendant’s hand. The date stamp on the phone indicated the photos were taken a few days earlier. Shippen then found a gun similar to the one in the photo approximately three feet from the cell phone. The gun was a semi-automatic pistol and appeared to be operable. The People subsequently charged defendant with violations of Penal Code section 29800, subdivision (a)(1), felon in possession of a firearm, Health and Safety Code section 11351, possession of heroin for sale, and Health and Safety Code section 11377, subdivision (a), possession of methamphetamine. The People also alleged defendant served three prior prison terms and was previously convicted of a strike offense.