People v. Tatum CA1/4

── People v. Tatum CA1/4 ── Court: California Court of Appeal Date: May 28, 2026 Category: General Filed 5/28/26 P. v. Tatum CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, A173117 v. MATTHEW DEECE TATUM, (Solano County Super. Defendant and Appellant. Ct. No. F2400358) A jury convicted Matthew Deece Tatum of being a felon in possession of a firearm (Pen. Code,1 § 29800, subd. (a)(1)), felony possession of ammunition (§ 30305, subd. (a)(1)) and misdemeanor possession of methamphetamine (Health and Saf. Code, § 11377, subd. (a)). In a bifurcated proceeding, the jury found true the allegation that Tatum suffered a prior prison term. On appeal, Tatum argues the trial court erred by imposing a concurrent sentence related to his possession of ammunition conviction (Count 3). The Attorney General concedes the error, concluding that we “should direct the trial court to stay the sentence imposed for count 3.” After our own review, we agree. 1 All undesignated statutory references are to the Penal Code. 1  BACKGROUND Just before midnight on February 15, 2024, Vallejo Police Department Officer Sarah Phipps saw a car stopped at an intersection despite having a green light. The car’s front license plate was missing. Tatum was the driver and sole occupant. Officer Phipps initiated a traffic stop for blocking a lane of traffic. After she stopped Tatum, Officer Phipps learned that Tatum was subject to a search condition. She informed Tatum that she was going to perform a search. Office Phipps and a second officer on scene, Officer Escalante, conducted a pat-down search of Tatum and did not locate any contraband. Upon searching the car, Officer Phipps discovered a loaded .22-caliber semiautomatic firearm on the floor beneath the driver’s side car seat. The officers also located 2.22 grams of methamphetamine and 3.86 grams of fentanyl in various containers in the back seat. By information, the Solano County District Attorney charged Tatum with possession of a controlled substance with a firearm (Health and Saf. Code, § 11370.1, subd. (a); Count 1), possession of a firearm by a felon (§ 29800, subd. (a)(1); Count 2), felony possession of ammunition (§ 30305, subd. (a)(1); Count 3), possession of a controlled substance [cocaine] (Health and Saf. Code, § 11350, subd. (a); Count 4), possession of a controlled substance [methamphetamine] (Health and Saf. Code, § 11377, subd. (a); Count 5), and possession of burglar’s tools (§ 466; Count 6). The information further alleged as aggravating factors that Tatum had served a prior prison term and was on probation, mandatory supervision, post-release community supervision, or parole when the crimes were committed. (Cal. Rules of Court, rule 4.421(b)(3), (b)(4).) 2  During pre-trial proceedings, the trial court dismissed Counts 1 and 6 on the District Attorney’s motion. After the jury trial began, the court dismissed Count 4 on the District Attorney’s motion. The jury found Tatum guilty of the three remaining charges, namely possession of a firearm by a felon as alleged in Count 2, felony possession of ammunition as alleged in Count 3, and possession of a controlled substance (methamphetamine) as alleged in Count 5. The jury also found true the allegation that Tatum had served a p