1

Filed 11/27/13 P. v. Mahrt CA1/2 

NOT TO BE PUBLISHED IN OFFICIAL REPORTS 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 This opinion has not been certified for publication 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 TWO 

THE PEOPLE, 

 Plaintiff and Respondent, 

v. 

GREGORY MAHRT, 

 Defendant and Appellant. 

 A138851 

 (Sonoma County 

 Super. Ct. No. SCR623663) 

 Gregory Mahrt appeals from a judgment entered on his plea of guilty to possession 

of a firearm and ammunition (Pen. Code §§ 29800, subd. (a)(1), 30305, subd. (a)(1))1

despite firearm restrictions imposed due to a prior felony conviction. His court-appointed 

attorney has filed a brief raising no legal issues and requesting this court to conduct an 

independent review of the record pursuant to People v. Wende (1979) 26 Cal.3d 436. 

FACTS AND PROCEEDINGS BELOW 

 The presentence report filed with the court by the probation department on May 

16, 2013, which was used by the court to establish a factual basis for appellant’s plea 

upon the stipulation of defense counsel, describes the pertinent facts as follows: “On 

09/03/12 at approximately 10:00 p.m., deputies were dispatched to a residence on 

Magnolia Avenue in Petaluma regarding a verbal argument between a male and female 

over a gun. As the deputies arrived at the residence, the defendant Gregory Mahrt 

walked outside and was detained and asked about the argument and the gun. Mahrt was 

 1

All statutory references are to the Penal Code unless otherwise indicated. 
2

uncooperative and would not answer any questions. When asked about the female 

reportedly involved in the argument, Mahrt reported she left the residence prior to their 

arrival. Based on the possible domestic violence report and the mention of a deadly 

weapon, the deputies conducted a search of the residence. 

 “Deputies began the search at the northernmost structure on the property which 

appeared to be a garage that had been converted to a room. As the deputies approached 

the room, Mahrt began yelling that he did not want the deputies to enter his room. Upon 

entry into the room, deputies observed several ammunition cans on the floor in the center 

of the room. One of the cans was open and the deputy noticed it was full of 

miscellaneous calibers of ammunition. Also noticed was what appeared to be an AR-15 

Rifle on a shelf above the bed, which was later determined to be a replica. 

 “A deputy then re-contacted the defendant and questioned his criminal conviction 

history, with Mahrt admitting he had a past felony conviction. The defendant was placed 

under arrest for being a felon in possession of ammunition. The search of the defendant’s 

room continued as deputies located 11 cans of ammunition full of multiple calibers of 

ammunition and a guitar case that contained two firearms: a loaded shotgun with the 

barrel removed (barrel was in the case with the shotgun), and an AK-47 Rifle with a fully 

loaded 30-round magazine in the case. Also located were 19 capacity rifle magazines in 

the room. 

 “Mahrt was interviewed regarding the firearms and ammunition. He stated he was 

‘holding’ them for a friend but would not identify who. He also confirmed he had sole 

access to the room and everything in the room belonged to him. 

 “Mahrt was transported to Sonoma County Jail. The firearm and ammunition 

seized were booked into evidence. The deputy also photographed a handwritten 

statement on the door that read ‘In times of tyranny and injustice, when law oppresses the 

people, the outlaw takes his place in history.’ ” 

 Appellant was declared a ward of the court in 1984 and placed on juvenile formal 

probation, which he violated. He has a long history of substance abuse and a lengthy 

subsequent record of misdemeanor and felony convictions as a juvenile and adult. Two 
3

felony convictions resulted in commitments to the California Department of Corrections 

and Rehabilitation. One such commitment, in 1988, involved the throwing of a pipe 

bomb through the window of a video store, injuring one of the owners (former § 12309). 

The other, in 2001, involved possession of magazines for a Glock pistol, a billy club, a 

variety of explosive devices, 600 rounds of ammunition, a Ruger mini 14 semi-automatic 

.223 caliber rifle fitted with a flash suppressor, and a loaded 30/30 Marlin long rifle (§§ 

12021, subd. (a)(1), 12312, 1170.12). The last named weapon was found in appellant’s 

vehicle after he fled from CHP officers who attempted to conduct a traffic stop. When 

booked for this offense appellant “told the CHP officer that if given the chance, he would 

have shot the CHP Officer.” 

 On September 5, 2012, the Sonoma County District Attorney filed a two count 

complaint charging appellant with being a felon in possession of a firearm (§ 29800, 

subd. (a)(1)) and possession of ammunition (§ 30305, subd. (a)(1)) despite being 

prohibited from possessing such items due to a 1989 conviction for violation of former 

section 12309, exploding a destructive device causing bodily injury. The complaint also 

alleged that due to the latter violation appellant was ineligible for probation (§ 1170, 

subd. (h)(3)), and that the violation of former section 12309 was a prior strike conviction 

(§ 1170.12). 

 On November 2, 2012, the trial court denied appellant’s Marsden motion to 

replace his deputy public defender. 

 On November 30, 2012, pursuant to a plea agreement, appellant waived his right 

to a preliminary hearing and signed a 4-page “Tahl rights waiver form” waiving his 

constitutional rights, as to which he was also orally admonished by the court, and plead 

guilty to both counts of the complaint and admitted the prior strike conviction. The 

agreement provided that appellant’s maximum exposure was a sentence of seven years 

and four months, but that sentencing was otherwise open to the court. 

 Before sentencing, appellant moved to strike the prior strike conviction pursuant to 

People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court denied the request, 

denied probation, and sentenced appellant to the aggravated term of six years in state 
4

prison for the offense charged in count 1 and a concurrent aggravated sentence of six 

years for that charged in count 2. The court imposed a restitution fine of $3,360, a $40 

court security fee, and a $30 criminal conviction fee. Credit was awarded for 175 days of 

time served and 174 conduct credit. 

 This timely appeal was filed on May 24, 2013. 

DISCUSSION 

 Where, as here, an appellant has pled guilty or no contest to an offense, the scope 

of reviewable issues is restricted to matters based on constitutional, jurisdictional, or 

other grounds going to the legality of the proceedings leading to the plea; guilt or 

innocence are not included. (People v. DeVaughn (1977) 18 Cal.3d 889, 895–896.) 

 Nothing in the record suggests appellant was mentally incompetent to stand trial or 

understand the admonitions he received from counsel and the court prior to entering his 

plea, and thereupon enter a knowing and voluntary plea. 

 The admonition given appellant by the court at the time he entered his plea fully 

conformed to the requirements of Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl

(1969) 1 Cal.3d 122, and his subsequent waiver of rights was knowing and voluntary. 

 The presentence report prepared by the probation department, including the police 

report it incorporates, establishes a factual basis for the plea. 

 The sentence conforms to the terms of the plea agreement and is authorized by 

law. 

 Our independent review having revealed no arguable issues that require further 

briefing, the judgment is affirmed. 

 
5

 _________________________ 

 Kline, P.J. 

We concur: 

_________________________ 

Richman, J. 

_________________________ 

Brick, J.* 

 * Judge of the Alameda County Superior Court, assigned by the Chief Justice 

pursuant to article VI, section 6 of the California Constitution.