P. v. McClain
On June 16, 2011, defendant and appellant William Keith McClain pled guilty to possession of ammunition as a person prohibited from owning a firearm under Penal Code section 12316, subdivision (b)(1). In accordance with the terms of the plea agreement, the trial court imposed a two-year sentence in state prison. Execution of the prison sentence was suspended and defendant was placed on probation for 36 months. Two of the probationary terms included: “Obey all laws, ordinances, and court ordersâ€; and “Do not knowingly own, possess or have control of any firearm, deadly weapon or ammunition.â€
On August 9, 2011, the district attorney filed a petition to find defendant in violation of his probation on the ground that he possessed ammunition in violation of Penal Code section 12316, subdivision (b)(1). The matter was continued numerous times. On July 9, 2012, the trial court granted the district attorney’s request to amend the petition to add the allegation that defendant had also violated the probationary term that he not knowingly own, possess, or have under his control a firearm, deadly weapon, or ammunition. At the conclusion of the July 16, 2012 revocation hearing, the trial court found that defendant had violated both terms.
On August 17, 2012, the trial court ordered execution of the previously suspended two-year state prison sentence. On August 21, 2012, defendant filed a notice of appeal from the contested probation violation.
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