SAN FRANCISCO – A San Francisco man pleaded guilty to three felony counts and no contest to two misdemeanor counts during a preliminary hearing on Tuesday.
The accused, who has a prior criminal history, faced five total charges, including possession of a firearm by a felon (PC section 29800(a)(1)), carrying a concealed firearm as a convicted person (PC section 25400(a)(2)), carrying a loaded firearm as a convicted person (PC section 25850(a)), driving under the influence of alcohol, and driving with a blood alcohol content of 0.08% or higher.
He pleaded guilty to the felony gun charges and entered no contest pleas on the DUI counts, for which the judge found him guilty.
Before accepting the pleas, the presiding judge—filling in for Judge Kenneth Wine—questioned the accused to ensure due process was upheld and that he understood the rights he was waiving. The accused confirmed he understood he was incriminating himself, had not been coerced or bribed, and agreed to waive his right to a speedy sentencing, allowing for a date set 180 days out.
As part of the settlement, the accused agreed to two years of formal probation on the felony gun charges, to run concurrently with three years of informal probation on the DUI counts. He was also ordered to serve 180 days in county jail, with the option to satisfy the term through house arrest and electronic monitoring.
Due to prior convictions, he must enroll in a multiple-offender program, submit to drug testing and searches, and pay approximately $1,500 in fines. He also agreed to permanently relinquish all weapons, ammunition, magazines, body armor, and other firearm-related items, and was barred from possessing such items for life.
Finally, the accused signed a Watson advisement, acknowledging that if he is involved in a future DUI that results in a death, he could be charged with murder.
After confirming the accused understood the full consequences of his plea, the judge found him guilty on all five counts and set a sentencing date.
Sentencing is scheduled for Dec. 22 at 9 a.m. in Department 11.
