California v. Broadbent
Annotate this CaseAfter a court trial, defendant Jason Broadbent was convicted of five counts of selling an assault weapon (counts 1, 5, 15-17), six counts of selling a large-capacity magazine (counts 2, 6, 13, 18-20), nine counts of possession of a firearm by a felon (counts 3, 7, 11-12, 23- 27), three counts of selling heroin (counts 4, 8, 28), four counts of unlicensed sale of a firearm (counts 9- 10, 21-22), and one count of selling methamphetamine (count 14). The court also found true that defendant had suffered a prior strike conviction and three prior prison terms. After denying defendant’s "Romero" motion, the court sentenced defendant to a total term of 53 years eight months in prison. On appeal, defendant argued: (1) his 2001 conviction could not be used as a prior strike or to enhance his sentence under Penal Code section 667.5(b); (2) the trial court abused its discretion by denying his Romero motion to strike his prior strike conviction; (3) all of his sentences for selling a large-capacity magazine and all but one of his sentences for possession of a firearm should have been stayed pursuant to section Penal Code 654; and (4) the court imposed unlawful terms for counts 9, 10, 14, 21, and 22. In supplemental briefing, defendant argued: (1) his convictions for selling large-capacity magazines under section 32310 must be reversed because the statute violated the Second Amendment to the United States Constitution; (2) his prior prison term enhancements should have been stricken based on recent amendments to section 667.5; and (3) he was entitled to a hearing on his present ability to pay various fines and fees pursuant to California v. Duenas, 30 Cal.App.5th 1157 (2019). The Court of Appeal agreed the trial court miscalculated the sentence it imposed with respect to counts 9, 10, 14, 21, and 22; defendant’s sentences on counts 2, 3, 6, 7, 11-13, and 18-20, and all but one of his sentences on counts 23-27 should have been stayed pursuant to section 654; and defendant's prior prison terms enhancements had to be stricken. The case was remanded for resentencing, but affirmed in all other respects.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.