People v. Scott CA1/5

Filed 11/9/20 P. v. Scott CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A159335 v. ROYAL SCOTT, JR., (Contra Costa County Super. Ct. No. 5-190233-7) Defendant and Appellant.

A jury convicted appellant Royal Scott, Jr. of one count of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1))1 and acquitted him of other charges arising out of an altercation with his fiancé. He contends the trial court erred by directing the jury to two instructions already given in response to a note sent during deliberations asking for a legal definition of “possession” and “control” for purposes of the felon with a firearm statute. We affirm. I. BACKGROUND Appellant and Jane Doe were in a relationship and lived together in an apartment. Appellant was a painter by trade. On

Further statutory references are to the Penal Code unless 1

otherwise indicated.

1

August 26, 2018, Doe started an argument with appellant inside the master bedroom. Doe, who was intoxicated, was angry at appellant because he had stayed out all night. Appellant called the police. Pittsburg Police Department Officer Jesus Arellano responded to the call. Appellant opened the door and said there had been an altercation, but everything was fine. Officer Arellano entered the apartment and spoke to Doe, whose right cheek was red. She claimed that appellant had knocked her cell phone out of her hands and had slapped her and tried to kick her. She also claimed that appellant had retrieved a firearm from the closet, pointed it at her, and told her to “[g]et the fuck out” before placing it back in the closet. Officer Arellano located a shotgun in the master bedroom closet, which was unloaded but in working condition. The clothing inside the closet where the gun was found belonged to a male, and appellant told Officer Arellano he had found the shotgun at a vacant house he had been painting. According to appellant, Doe was not with him at the time and he was planning to sell the shotgun at a gun show. Appellant had previously been convicted of a felony. Appellant was charged with inflicting corporal injury on a spouse or cohabitant (§ 273.5, subd. (a)), possession of a firearm by a felon (§ 29800, subd. (a)(1)), exhibiting a firearm (§ 417, subd, (a)(2)(B)) and dissuading a witness (§136.1, subd. (b)(1)). At the jury trial on these charges, Doe testified that appellant did not strike her or point a firearm at her, and that she had made