P. v. Dotson
Defendant Urberto Dotson was convicted after a bench trial of possession of methamphetamine for sale in violation of section 11378 of the Health and Safety Code. The court also found that defendant was armed with a firearm within the meaning of Penal Code section 12022, subdivision (c).[1] The trial court sentenced defendant to six years in state prison (middle term of two years on the possession of methamphetamine for sale, plus an additional four years for the arming enhancement).
On appeal, defendant asks that we strike the arming enhancement because the gun, a loaded .308 caliber rifle, appeared to be dusty, was located in a makeshift storage space in the same garage where the bulk of the drugs were found, and was accessible only by pulling down a wooden ladder, ascending several steps, and reaching through an opening in the sheetrock. According to defendant, he was not armed within the meaning of section 12022, subdivision (c), because the rifle was not readily accessible and was not near at hand to the drugs. As will be explained more fully below, defendant is incorrect. Court affirm the judgment.
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