Description: Fresno, California criminal defense lawyer represented Defendant charged with felony possession of a firearm.


On June 2, 2020, officers arrived at appellant's apartment in Mendota to conduct a parole search. Appellant's girlfriend answered the door. Appellant appeared and was cooperative, and he was detained by the officers.

The officers asked appellant's girlfriend if there were any weapons or narcotics in the apartment. She said that when the officers initially knocked, appellant grabbed a handgun and put it in a black bag in the bedroom.

The officers searched the black bag and found an operable revolver in a holster, four live rounds of .32-caliber ammunition, and hypodermic needles. The officers also found apparent methamphetamine.

Appellant was advised of the warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436 and admitted everything belonged to him. He claimed his brother gave the gun to him two days earlier, he knew he was not allowed to have a gun, and he was just "holding" it for his brother.

Outcome:
The abstract of judgment and the minute order for the April 28, 2021, sentencing hearing are ordered amended, consistent with the court's oral pronunciation of judgment, to show the court imposed the court operations assessment of $40 (§ 1465.8) and the criminal conviction assessment of $30 (Gov. Code, § 70373). The court shall forward a certified copy of the amended and corrected abstract to all appropriate parties. In all other respects, the judgment is affirmed.
People v. Ochoa (Cal. App. 2022)

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