People v. Chiodo CA2/4

Filed 11/14/24 P. v. Chiodo CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B333582

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA082453) v.

RICHARD CHIODO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Emily J. Cole, Judge. Affirmed. Evan D. Williams, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Richard Chiodo appeals from a judgment of conviction by jury of two counts of felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)),1 and one count of unlawful possession of ammunition (§ 30305, subd. (a)(1)). Defendant was charged with these offenses after law enforcement searched his recreational vehicle during a narcotics investigation. After reviewing the record, defendant’s appointed counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). By supplemental brief, defendant contends his right to possess firearms is protected by the Second Amendment of the United States Constitution. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND2 Detective Russell Williams testified he and other officers with the Los Angeles County Sheriff’s Department executed a search warrant in December 2021 to investigate suspected marijuana cultivation on defendant’s property. During their search, officers located defendant inside a recreational vehicle on the property. The officers detained defendant and searched the recreational vehicle, where they found two firearms (a rifle and pistol) and a box of ammunition. Defendant told the officers both weapons and the ammunition belonged to a friend. Defendant testified he had no knowledge of or involvement in marijuana cultivation on the property. Defendant also testified that his wife brought the firearms and ammunition to