People v. Baird CA2/6

Filed 5/25/21 P. v. Baird CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B306344 (Super. Ct. No. 2018018858) Plaintiff and Respondent, (Ventura County)

v.

JACOB J. BAIRD,

Defendant and Appellant.

Jacob J. Baird appeals from the judgment after the jury convicted him of six counts of owning, possessing or controlling a firearm in violation of a term of probation (Pen. Code,1 § 29815, subd. (a)), one count of owning, possessing or controlling ammunition in violation of a term of probation (§ 30305, subd. (a)(1)), and a misdemeanor violation of carrying a loaded firearm in public (§ 25850, subd. (a)). The trial court placed him on formal probation for 36 months with various terms

1 Unless otherwise noted, all subsequent statutory references are to the Penal Code.

and conditions including that he serve 180 days in the county jail. Baird contends: (1) there is no substantial evidence he was subject to a probation firearm prohibition, and (2) the probation term must be reduced to two years. We modify the judgment to reduce the probation term to two years and otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2017, Baird pled guilty to felony grand theft after he stole property from his employer, including a video camera case he planned to use to store handguns. The court agreed to “seriously consider” reducing the charge to a misdemeanor at the time of sentencing. (§ 17, subd. (b).) At the request of the court, the probation department prepared recommended terms and conditions for both felony and misdemeanor probation. The recommended felony terms included, “The defendant shall not own, possess, or have immediate access to any dangerous weapons, firearms, ammunition, or oleocapsicum [sic] pepper spray.” The recommended misdemeanor terms included, “No dangerous weapons, firearms, ammunition.” At sentencing, the trial court declared the case to be a misdemeanor. The court reduced the jail term, restitution fine, and fees from those recommended in the probation report. A transcript of an audio recording of the hearing quotes the judge as stating, “Remaining terms and conditions set forth in Probation’s report are appropriate. [¶] Based on the criminal history, no alcohol terms are appropriate from what I’ve seen. Drug terms are imposed.” Baird then “accept[ed] probation on those terms.” The court reporter who prepared the transcript also