People v. Elwell CA5

Filed 8/27/24 P. v. Elwell CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087522 Plaintiff and Respondent, (Super. Ct. No. BF187437A) v.

AARON PAUL ELWELL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. J. Eric Bradshaw, Judge. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

* Before Levy, Acting P. J., Meehan, J. and DeSantos, J.

-ooOoo- INTRODUCTION In 2023, appellant and defendant Aaron Paul Elwell (appellant) pleaded no contest to assault with a semiautomatic firearm, and possession of methamphetamine while armed with a loaded and operable firearm, and admitted prior conviction allegations. He was sentenced to the second strike term of 25 years in prison. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant filed a letter brief. We review his contentions and affirm the judgment. FACTS1 At 7:40 p.m. on September 20, 2021, Bakersfield Police Officer Daniel Corona responded to the gas station on Brundage Lane on the report of a possible shooting. He spoke to Lewis Brewer, who reported that he heard one gunshot coming from the gas station. After the gunshot, Brewer saw “a vehicle traveling southbound on South H Street and an additional vehicle speeding away eastbound from the [gas station] parking lot and collide” into the first vehicle. Corona found one nine-millimeter spent casing near a gas pump. On September 22, 2021, Officer Steven Ronfeldt was on patrol on Texas Street, and saw a 2013 Volkswagen Jetta (Volkswagen). He observed an apparent bullet strike in the “A pillar” of the front passenger side, adjacent to the front windshield, that was consistent with a bullet hitting the outer frame. The bullet did not penetrate inside the Volkswagen, and there was no projectile in the Volkswagen frame.

1 The following facts are from the November 22, 2021, preliminary hearing transcript, which the parties stipulated to as the factual basis for appellant’s pleas and admissions. The testifying witnesses were Officers Corona and Ronfeldt, and Detective Louis Rodriguez.