People v. Delacruz CA2/4

Filed 8/21/24 P. v. Delacruz CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B332689

Plaintiff and Respondent, Los Angeles County Super. Ct. No. SA105384 v.

BENJAMIN DELACRUZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Manuel Almada, Judge. Affirmed. Esther R. Sorkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION AND PROCEDURAL BACKGROUND

In 2023, a jury convicted defendant and appellant Benjamin Delacruz of possession of a firearm by a felon. (Pen Code,1 § 29800, subd. (a)(1).) The jury acquitted him of misdemeanor driving on a suspended or revoked license. (Veh. Code, § 14601.1, subd. (a).) The trial court sentenced him to an upper term of three years in state prison. Delacruz timely appealed, and we appointed counsel to represent him. On February 23, 2024, appellate counsel filed a brief raising no issues and asking us to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Delacruz did not respond to our letter advising him of his right to file supplemental briefing. Following our review of the record pursuant to Wende, we affirm.

FACTUAL BACKGROUND

George Buhkin of the Hawthorne Police Department was on patrol on October 8, 2021, when he recognized Delacruz driving the car in front of him. Buhkin had come in contact with Delacruz numerous times in the past. Delacruz’s car was missing a front license plate, and Buhkin knew Delacruz’s license had been suspended, so he decided to conduct a traffic stop. Buhkin made a U-turn to catch up to Delacruz, but Delacruz ignored a red light and turned onto another street. After Delacruz made the turn, Buhkin saw Delacruz throw an object out of his car, which made a spark when it hit the ground. Buhkin thought the object looked like a gun. Buhkin informed dispatch Delacruz had just thrown a gun out of his