P. v. Sparks
In May 2006, police received a report of a person attempting to purchase drugs at a local park. Responding officers noticed that defendant James Joseph Sparks matched the description of the suspect. Near the front of defendants truck, officers found a cut straw and a folded piece of foil containing residue of suspected drugs. A search of the truck revealed a fanny pack containing a homemade pistol. Defendant admitted possessing the pistol and loading it with shotgun pellets, but he denied knowing that it was unlawful to possess such a weapon. Defendant pleaded no contest to carrying a loaded firearm. (Pen. Code, 12031, subd. (a)(1).) In exchange for his plea, three related counts were dismissed with a Harvey waiver. Defendant was sentenced to state prison for the midterm of two years, awarded 50 days of custody credit and 24 days of conduct credit, and ordered to pay a $400 restitution fine ( 1202.4, subd. (b)), a $400 restitution fine suspended unless parole is revoked ( 1202.45), and a $20 court security fee ( 1465.8). Defendant appeals. The judgment is affirmed.
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