People v. Thurman CA2/1

Filed 9/7/16 P. v. Thurman CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B265150

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA064669) v.

TERESA JOAN THURMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Carol Koppel, Judge. Affirmed. Joy A. Maulitz, 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, Scott A. Taryle, Supervising Deputy Attorney General, and Tannaz Kouhpainezhad, Deputy Attorney General, for Plaintiff and Respondent. ——————————

A jury convicted Teresa Joan Thurman (Thurman) of possession of a firearm and ammunition by a felon, and she appeals. An information filed January 27, 2015 charged Thurman with one count of possession of a firearm by a felon, in violation of Penal Code section 29800, subdivision (a)(1),1 and one count of possession of ammunition, in violation of section 30305, subdivision (a)(1). The information alleged that Thurman had been convicted of a serious and/or violent felony within the meaning of sections 1170.12, subdivision (b) and 667, subdivisions (b–j), and had served one prior prison term within the meaning of section 667.5, subdivision (c). The information also charged Thurman’s husband, Robert Nicely (Nicely), with two similar counts. Thurman pleaded not guilty and denied the allegations. Thurman and Nicely were tried together. A jury convicted Thurman on both counts, and she admitted the truth of the prior conviction allegations. The trial court sentenced Thurman to two years eight months in state prison, and Thurman appealed. DISCUSSION At trial, Los Angeles County Sheriff’s Department Deputy Jorge Caamal testified that at 8:00 a.m. on Wednesday, October 29, 2014, he and a team of deputies went to 45029 17th Street in Lancaster to conduct a lawful search. When members of the team knocked on the front door and announced their presence, through a front bedroom window Deputy Caamal saw Nicely get out of bed, turn around, and run out toward the back side of the house. Deputy Caamal notified the team that Nicely had run toward the back of the house. Deputy Cynthia Mejia testified she was stationed behind the house when a bedroom sliding glass door opened and Nicely ran out, barefoot and wearing pajama bottoms. She and another deputy detained Nicely. Thurman came to the front door with an elderly woman and two dogs. When a deputy asked Thurman if there were other people or firearms in the house, she answered that Nicely was in his bedroom, her son was asleep in the back bedroom, and her son had