h side of
the bed. On the same nightstand were items in defendant’s name and what appeared to
be his articles of property. Pay-and-owe sheets were located in the nightstand on the
north side of the bed, and a magazine for a nine-millimeter handgun, containing live
rounds, was also found in that nightstand. Cocaine residue was found on a counter in the
kitchen, and there was a box of sandwich bags in one of the kitchen drawers.
          Defendant gave a statement in which he denied knowledge of the gun. He
admitted the drugs were his, but maintained they were for his personal use, although he
admitted having given some to a friend the night before. He also said the money was his
and that he had saved it since he got out of prison in February of that year. He did not


2      The northeast bedroom was shared by the adults. The other bedroom “obviously”
was a child’s or children’s bedroom.
3         No suspected narcotics were found in any clothing that appeared to belong to
Carter.



                                              3.
explain how that was possible in light of his previous claim he had not worked since the
1980’s. Despite defendant’s statement, an officer who was an expert in narcotic
transactions and possession for sale opined the drugs were possessed for sale.
          Defendant was subsequently charged with possession of cocaine base for sale
while personally armed with a firearm and having suffered a prior narcotics conviction
(§ 12022, subd. (c); Health & Saf. Code, §§ 11351.5, 11370.2, subd. (a); count 1),
possession of marijuana for sale while armed with a handgun (§ 12022, subd. (a)(1);
Health & Saf. Code, § 11359; count 2); allowing a place to be used for preparing or
storing controlled substances (Health & Saf. Code, § 11366.5, subd. (a); count 3), and
possession of a firearm by a felon (former § 12021, subd. (a)(1), see now § 29800,
subd. (a); count 4). With respect to each count, it was alleged defendant had suffered
three prior “strike” convictions (§ 1170.12