Not in California; guns are highly problematic there.
He had two previous violent felonies, so he was eligible for his "third strike", which is a mandatory minimum of 25 to life. He was arrested in January of 09, on the 9th, I believe. On 22 September of 08, the same officer that arrested him in 09 told him that he would get rid of him. He'd either shoot him and plant a gun, or plant a gun on him and strike him out.
The gun was found behind a panel in the back seat of a car, not registered to him, and the gun did not have his fingerprints on it. It took the police 45 minutes to remove the panel to get to the gun, yet they testified, in court, that it was within easy access. The same officer that threatened him arrested him and was the lead witness at his trial. He testified that having that much dope and a gun proved that he was a serious dealer, because only serious dealers carried that a gun and that much dope. Very circular reasoning that was cited by the appeals court, which then used the ezact same circular reasoning to justify the conviction.
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