People v. Clutter CA2/7

Filed 4/19/16 P. v. Clutter CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B257359

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA060540) v.

MICHAIL JAMES CLUTTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Frank M. Tavelman, Judge. Affirmed. Alan E. Spears, 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, Senior Assistant Attorney General, Margaret E. Maxwell and Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Defendant Michail James Clutter appeals from a judgment of conviction entered after a jury found him guilty of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), possession of ammunition by a prohibited person (id., § 30305, subd. (a)(1)), and possession for sale of a controlled substance (Health & Saf. Code, § 11378). The trial court sentenced defendant to four years and four months in state prison and suspended execution of the sentence, placing him on five years of formal probation. On appeal, defendant contends that the trial court erred in failing to instruct on his mistake of fact defense to the firearm and ammunition charges. Because this contention is contrary to the holding in People v. Snyder (1982) 32 Cal.3d 590 (Snyder), we affirm. FACTUAL BACKGROUND In 2002, defendant sustained two separate felony convictions for possession of methamphetamine in violation of Health and Safety Code section 11377. In August 2013, the police went to defendant’s house to conduct a probation search of his son’s girlfriend, who lived with the son in defendant’s house. Upon searching defendant’s bedroom, the police discovered 4.35 grams of methamphetamine, two smoking devices, a digital scale, and a price list for various quantities of methamphetamine. The police also found in that bedroom a loaded 12-gauge shotgun between the mattress and the headboard, 12-gauge ammunition on a shelf above the headboard, and a second shotgun in the bedroom closet. Defendant told the police that the methamphetamine was for his personal use and that the shotguns were for protecting his property. The police also noticed security cameras attached to the outside of the house with a monitor in the garage that displayed a live feed. At trial, defendant admitted that the methamphetamine, weapons, and ammunition found in his bedroom belonged to him. He denied, however, that he possessed the methamphetamine for sale. He also denied being a convicted felon. He testified that his two prior drug convictions were reduced to misdemeanors pursuant to an agreement between the prosecutor and his counsel. Under the purported agreement, both lawyers had agreed in open court that his felonies would be reduced to misdemeanors upon his