People v. Finch
| Decision Date | 19 November 2021 |
| Docket Number | B307002 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. ROBERT FINCH, Defendant and Appellant. |
| Court | California Court of Appeals |
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County Super. Ct. No. BA460458, Ray G. Jurado, Judge.
Andrea Keith, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael R. Johnsen and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent.
Robert Finch appeals from his judgment of conviction of three counts of possession of a firearm by a felon (Pen. Code [1]§ 29800, subd. (a)(1)). On appeal Finch contends the evidence was insufficient to support a finding that he had knowledge of two firearms that were found inside his vehicle. We affirm.
On August 23, 2017, the Los Angeles County Sheriffs Department executed a search warrant on Finch's residence. The premises consisted of a two-bedroom home with a backyard and garage. Finch and his girlfriend, Shatioishia Van, resided in the home. At the time of the search, Finch was a convicted felon.
A 1984 Oldsmobile that was registered under Finch's name and home address was parked in the backyard. The vehicle was unlocked and appeared to have been parked in the same spot for a long time. Officers found a loaded .38-caliber Smith and Wesson revolver and a loaded .45-caliber Para semiautomatic handgun underneath the driver's seat of the Oldsmobile. In the unlocked garage located in the backyard, officers found a .22-caliber Marlin rifle, a .22-caliber Winchester rifle, and a metal filing cabinet containing a holster and numerous .45-caliber rounds of ammunition. All four firearms were operable and in good condition.
The common areas inside the home included a dining room with an armoire and a computer. Inside the armoire, officers recovered numerous rounds of ammunition compatible with the two rifles found in the garage. The computer contained photographs of firearms, including a photograph of the two handguns found in the Oldsmobile.
One bedroom inside the home contained men's clothing, along with paperwork bearing Finch's name and address. No firearms or ammunition were found in this bedroom. The other bedroom contained women's clothing and was occupied by Finch's girlfriend, Van. Officers found a small .38-caliber revolver in this bedroom. While Van admitted to the police that the revolver belonged to her, she denied knowledge of any other firearms recovered from the residence. None of the ammunition found at the residence was compatible with the firearm found in Van's bedroom.
Van was charged with one count of possession of a firearm by a felon in connection with the .38-caliber revolver seized from her bedroom. She later pleaded guilty to that charge. As part of the factual basis for her plea, Van stated that she possessed the revolver that was found in her bedroom, and that she had no knowledge of any other firearms in the residence or the garage.
The officer in charge of the investigation opined that, based on the paperwork and other items found during the search, the only occupants of the residence were Finch and Van. The officer did not see any indication that anyone was living in the Oldsmobile or the garage.
Finch was charged with possession of a firearm by a felon in connection with the .45-caliber semiautomatic handgun seized from the Oldsmobile (count 1), the .38-caliber revolver seized from the Oldsmobile (count 2), and one of the .22-caliber rifles seized from the garage (count 3). At the conclusion of the trial, the jury found Finch guilty as charged on all three counts. The trial court sentenced Finch to a total term of four years in state prison.
Finch filed a timely appeal.
On appeal, Finch challenges the sufficiency of the evidence supporting his convictions in counts 1 and 2 for possession of a firearm by a felon. He specifically contends the evidence was insufficient to support a finding that he had knowledge of the two firearms that were found inside the Oldsmobile.
" " (People v. Beck and Cruz (2019) 8 Cal.5th 548, 626.) Our (People v. Gomez (2018) 6 Cal.5th 243, 278.)" 'The standard of review is the same in cases in which the prosecution relies mainly on circumstantial evidence.'" (People v. Rivera (2019) 7 Cal.5th 306, 324.)
Section 29800, subdivision (a)(1) provides that "[a]ny person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, . . . and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony." The offense "has three elements: (1) the defendant possessed a firearm, (2) the defendant knew that he possessed the firearm, and (3) the defendant had previously been convicted of a felony." (People v. Clark (2021) 62 Cal.App.5th 939, 958.)
"To 'possess' a firearm means 'having"' "actual control, care and management of"' '"' the firearm." (In re Charles G. (2017) 14 Cal.App.5th 945, 951.) "Possession may be actual or constructive.' "A defendant has actual possession when the weapon is in his [or her] immediate possession or control,"' i.e., when he or she is actually holding or touching it. [Citations.] 'To establish constructive possession, the prosecution must prove a defendant knowingly exercised a right to control the prohibited item, either directly or through another person.'" (People v. Bay (2019) 40 Cal.App.5th 126, 132.) Possession of a weapon (In re Charles G., at p. 951.) Possession "may be proven circumstantially, and possession for even a limited time and purpose may be sufficient." (In re Daniel G. (2004) 120 Cal.App.4th 824, 831.)
Viewing the evidence in the light most favorable to the judgment, we conclude the evidence was sufficient to support Finch's convictions for possession of a firearm by a felon in counts 1 and 2. Based on the totality of the evidence presented, the jury reasonably could conclude that Finch had possession of the two handguns that were found inside the Oldsmobile because he knowingly exercised a right to control each of those firearms.
Generally, an" 'inference of dominion and control is easily made when the contraband is discovered in a place over which the defendant has general dominion and control: his residence [citation], his automobile [citation], or his personal effects.'" (People v. Busch (2010) 187 Cal.App.4th 150, 162.) Here, the jury easily could infer that Finch had dominion and control over both the vehicle where the handguns were found and the backyard of the residence where the vehicle was kept. The evidence at trial established that Finch was the registered owner of the Oldsmobile, and he resided on the premises where the Oldsmobile had been parked for an extended period. The officer in charge of the investigation testified that there was no indication that anyone other than Finch and his girlfriend, Van, was residing on the property at the time of the search. While Van admitted to possessing a small .38-caliber revolver that was found in her bedroom, she denied any knowledge of any other firearms that were found on the premises.
Other circumstances further supported an inference that Finch knew of the presence of the firearms in his Oldsmobile.
The garage in the backyard contained numerous rounds of ammunition that were compatible with one of the firearms, the .45-caliber semiautomatic handgun. Two .22-caliber rifles were also kept in the garage in plain sight, and ammunition compatible with those rifles was kept in a common area of the residence. Moreover, a computer in the common area contained a photograph of the same handguns that were found inside the Oldsmobile. The fact that Finch shared the residence with Van, and that they both had access to the firearms and ammunition stored throughout the property, did not preclude the jury from inferring that Finch knowingly possessed the two firearms that were found inside his vehicle. (See, e.g. People v. Elder (2014) 227 Cal.App.4th...
To continue reading
Request your trial