People v. Nelson CA3

Filed 12/29/21 P. v. Nelson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C094092

Plaintiff and Respondent, (Super. Ct. Nos. 20CF04738, 21CF01001) v.

EUGENE CLINTON NELSON III,

Defendant and Appellant.

Appointed counsel for defendant Eugene Clinton Nelson III filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm. We shall, however, direct the clerk to correct clerical errors in the abstract of judgment. BACKGROUND In September 2020, Butte County Sheriff’s officers responded to a report of gunshots at defendant’s residence. When they arrived, the officers observed that

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defendant “smelled of alcohol and was slurring his words.” Defendant told them he did not hear any gunshots and that he was, in fact, “a felon who couldn’t own firearms.” Defendant’s mother told a different story. She said that prior to their arrival, defendant was in the backyard shooting an “AR-15 style rifle.” After receiving permission, officers searched the residence. They found a “short barreled AR-15 style rifle” in the garage. The rifle was “loaded with a high capacity magazine and had a round chambered.” In the garage they also found two .22-caliber rifles (one with a round chambered) and several types of ammunition. Two of the firearms did not have serial numbers. In the master bedroom of the house, a 12-gauge shotgun was found along with “two cans containing shotgun rounds.” In defendant’s bedroom they also found a surveillance system. The People subsequently charged defendant with several criminal acts including possession of an assault weapon (Pen. Code, § 30605, subd. (a))1 and possession of a short-barreled rifle (§ 33215) in Butte County Superior Court case No. 20CF04738 (hereafter, case No. 738). Defendant pleaded no contest to these possession charges. In exchange for his plea, the remaining charges were dismissed with a Harvey2 waiver. At sentencing, the trial court found defendant’s to be an “unusual case,” suspended imposition of sentence, and placed defendant on two years’ formal probation. Two and a half months later, in February 2021, while case No. 738 was pending, Butte County Inter-Agency Narcotics Task Force agents conducted a probation search of defendant’s home. No one responded to the agents’ knocking at the front door, but they found defendant’s father in the attached garage. He gave the agents permission to search the entire property. During their search, agents found, among other things, several