People v. Odom CA5

Filed 7/25/16 P. v. Odom CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070859 Plaintiff and Respondent, (Super. Ct. No. MF010813A) v.

JOHN ERIK ODOM, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Smith, J.

INTRODUCTION Appellant John Erik Odom, pursuant to a negotiated plea, pled no contest to one count of unlawful possession of a firearm by a felon, a violation of Penal Code1 section 29800, subdivision (a)(1) and admitted suffering three prior felony convictions. Odom pled to a stipulated six-year prison term. Odom was sentenced in accordance with the plea agreement. Odom appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. FACTUAL AND PROCEDURAL SUMMARY The evening of September 27, 2013, Lakeysha Jones was at her home in Rosamond when she saw Odom approach the front door of her home. By the time Jones got to the front door, Odom was “wiggling” the door and Jones opened it slightly; Odom pushed his way inside. Odom put a shotgun to her head and said, “Bitch, where’s the money at?” Jones ran out of the house and down the street to a gas station, where she called police. Jones had met Odom about three weeks prior and recognized him. Police obtained a warrant to search Odom’s residence. A shotgun was found in a shed in the backyard of Odom’s house. A shotgun shell was in a drawer inside the house in Odom’s bedroom. On October 1, 2013, a complaint was filed charging Odom with one count of first degree burglary, a violation of section 460, subdivision (a); one count of assault with a firearm, a violation of section 245, subdivision (a)(2); and one count of unlawful possession of a firearm by a felon, a violation of section 29800, subdivision (a)(1). It also was alleged that Odom had suffered three prior serious or violent felonies within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d). The three prior felony convictions alleged in the complaint were a burglary