P. v. Randall
Appellant Joshua Devin Randall was stopped for speeding by a California Highway Patrol officer on August 30, 2006. The officer detained appellant after appellant exited his vehicle. Appellant had a beer can in his hand and attempted to walk away from the officer, who grabbed him by the arm and brought him back. The officer detected a strong odor of alcohol, and placed appellant in the back seat of his patrol car. The officer then returned to the truck to make sure no one else was inside, and saw a pistol on the floorboard, which he later determined was loaded. The officer checked appellants driving record, which revealed appellants license had been revoked and he was a convicted felon.
Appellant was charged by an information filed September 25, 2006, with felony possession of a firearm by an ex felon (Pen. Code, 12021, subd. (a)(1)) (count 1), misdemeanor driving under the influence of alcohol (Veh. Code, 23152, subd. (a)) (count 2), misdemeanor driving with .08 percent or more blood alcohol level (Veh. Code, 23152, subd. (b) (count 3), and misdemeanor driving with suspended or revoked license (Veh. Code, 14601.1, subd. (a)) (count 4). The May 26, 1999 prior felony conviction charged in count 1 was a violation of Vehicle Code section 2800.2.
On November 22, 2006, appellant entered a guilty plea to count 1. On April 17, 2007, appellant was sentenced to the aggravated term of three years. On appeal, appellant challenges imposition of the upper term.
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