People v. Rich CA3

Filed 11/12/20 P. v. Rich CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE, C088501

Plaintiff and Respondent, (Super. Ct. No. P18CRF0289)

v.

RONALD PAUL RICH,

Defendant and Appellant.

Defendant Ronald Paul Rich pleaded no contest to possession of a firearm, possession of ammunition, and possession of methamphetamine while armed with a loaded firearm. Defendant contends the sentence for the possession of a firearm offense should be stayed under Penal Code section 6541 because it resulted from the same conduct as the possession of methamphetamine while armed with a loaded firearm offense. Defendant also asks us to correct an error on the abstract of judgment. We will

1 Undesignated statutory references are to the Penal Code.

1

order the abstract corrected, remand the matter to allow the court to state the statutory basis for fees and assessments imposed at sentencing, and otherwise affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Detectives from the El Dorado County Sheriff’s Office came to defendant’s home to question him about the location of a person for whom they were searching. Defendant’s father answered the door, and escorted the detectives to defendant’s bedroom, where defendant was sleeping. One of the detectives spoke with him briefly, then defendant pulled out a revolver and pointed it at the detective. The detectives retreated outside. A short time later, defendant followed them outside and apologized, saying he did not realize who they were. Defendant then allowed the detectives back into his home, where they noticed the gun defendant had pointed at the detective, a .32-caliber revolver, in a partially open dresser drawer. The revolver was loaded. He later told the detectives he kept the revolver under his pillow and used it for protection. On top of the dresser, the detectives also noticed three baggies of methamphetamine. Defendant granted permission to search his home. The detectives found methamphetamine paraphernalia, as well as ammunition scattered throughout the bedroom. They found two .44-caliber pistols in a holster hanging in the bedroom. They also found ammunition throughout the home. Finally, there were two rifles in soft rifle cases lying on a couch in the living room. The rifles were not loaded. Defendant pleaded no contest to one count of possession of a firearm by a felon (§ 29800, subd. (a)(1)) based on the possession of “a .32 Cal. Harrington/Richardson Revolver, Fllipietta [sic] .44 Cal. Rifle, Fllipietta [sic] .44 Cal Pistol, [and] Columbia rifle,” one count of possession of ammunition by a felon (§ 30305, subd. (a)(1)), and one count of possession of a controlled substance while armed with a firearm based on the possession of a loaded, operable “.32 Cal. Harrington/Richardson Revolver.” (Health & Saf. Code, § 11370.1, subd. (a).) He also admitted a prior strike conviction.