P.v. Moore
Police officers conducted a protective sweep after they arrested defendant pursuant to a warrant and secured him in a police vehicle. During that sweep, they found a rifle. Defendant was charged with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1))[1] plus allegations of a prior strike conviction (§§ 667, subds. (b)-(i); 1170.12) and service of three separate prior prison terms (§ 667.5, subd. (b)).
Following the denial of defendant’s suppression motion (§ 1538.5), he pleaded no contest to the firearm possession charge and admitted the prior strike conviction in exchange for the dismissal of the prior prison term allegation and an effective term of 16 months (eight-month midterm doubled because of the strike) to run consecutive to a 14-year sentence defendant was then serving.
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