People v. Martinez CA2/7

Filed 10/10/24 P. v. Martinez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B336928

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA099475) v.

JOSE MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David Walgren, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

The trial court convicted Jose Martinez on a no contest plea of possessing a controlled substance while armed with a loaded, operable firearm, in violation of Health and Safety Code section 11370.1, subdivision (a). He appeals from the judgment after the trial court denied his motion to suppress under Penal Code section 1538.5. We appointed counsel to represent Martinez in this appeal. Martinez’s appointed counsel reviewed the record and did not identify any arguable issues. Nor, after reviewing the record independently, have we. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On December 4, 2022 San Fernando Police Officer Nicholas Murillo observed a gray car parked in front of an auto repair business. The police had received complaints about the auto repair business selling nitrous oxide to teenagers who were ingesting it. Officer Murillo observed two men placing a tank of nitrous oxide in the trunk of the gray car and driving away. Officer Murillo followed the car. When the officer noticed the vehicle had no front license plate, he initiated a traffic stop. Officer Murillo saw four men in the car, including Martinez. One of the passengers got out of the car from the back left passenger seat, but the officer ordered him to get back into the car. Officer Murillo asked whether the individuals in the car had any drugs or a prior criminal history. The driver said that “we are all innocent people here,” that they had not made the nitrous oxide into “ballons yet,” and that “you caught us too early.” When the officer asked if they were going to use the nitrous oxide, they responded “oh, yeah” and “not anymore.”