People v. Mobley CA3

Filed 8/25/20 P. v. Mobley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE,

Plaintiff and Respondent, C089802

v. (Super. Ct. No. 16F3035)

DONALD JAMES MOBLEY,

Defendant and Appellant.

A jury found defendant Donald James Mobley guilty of possessing two assault weapons. Earlier, during the presentation of defendant’s evidence at trial, defendant moved for judgment of acquittal, arguing the prosecution’s evidence was insufficient to establish that he possessed the weapons or that he had knowledge of the characteristics that made the guns illegal. The trial court denied the motion and ultimately sentenced defendant to one year four months, suspended execution of the sentence for three years, and placed defendant on probation.

1

Defendant now reiterates his contention that the prosecution’s evidence was insufficient as to his possession and knowledge. Finding that substantial evidence supports the denial of the motion and the jury’s verdicts, we will affirm the judgment. BACKGROUND As relevant to this appeal, the People charged defendant with two counts of possessing an assault weapon (Pen. Code, § 30605, subd. (a))1 based on his alleged possession of an AR-15 and an AK-47. At trial, the prosecutor called two witnesses. A sheriff’s deputy described the search of defendant’s house. During the search deputies found a gun safe in the master bedroom, about five feet from the bed. The safe contained eight guns, including an AK-47 and an AR-15 with a 30-round magazine attached. Officers found numerous rounds of ammunition and other guns around the house including a semiautomatic pistol next to the bed in the master bedroom, two shotguns in the living room, and a revolver in a second bedroom. Section 30605, subdivision (a) makes it a criminal offense to possess an assault weapon. At the time of defendant’s offense, the definition of an assault weapon included a semiautomatic, centerfire rifle with the capacity to accept a detachable magazine and a pistol grip that protrudes conspicuously beneath the action of the weapon. The definition also included a semiautomatic, centerfire rifle with a fixed magazine having the capacity to accept more than 10 rounds. (Former § 30515, subd. (a)(1)(A), (2).) The prosecution presented the testimony of a sheriff’s deputy and weapons expert who had participated in the search. He testified that when he first looked in the gun safe, the AR-15 and AK-47 stood out to him. After closer inspection, he confirmed both weapons met the definition of an assault weapon under California law. The expert explained to the jury that a centerfire rifle has a firing pin that hits a primer in the middle of a centerfire bullet, and in