People v. Bobo CA5

Filed 12/6/24 P. v. Bobo 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087734 Plaintiff and Respondent, (Super. Ct. No. 23CM3091) v.

WILLIAM CHRISTIAN WAYNE BOBO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Lisa M. Jensen, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

After his motion to suppress evidence was denied, defendant and appellant William Christian Wayne Bobo (defendant) pled guilty to failure to update his sex offender registration annually and was sentenced to 16 months in prison. Defendant’s appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking this court to conduct an independent review of the record on appeal. Defendant’s notice of appeal indicated he is challenging his detention and search. We conclude that defendant failed to preserve for appellate review his search and seizure challenge, and finding no other issues on appeal, we affirm. PROCEDURAL SUMMARY On October 30, 2023, the Kings County District Attorney filed a complaint charging defendant with: failure to update registration annually (Pen. Code,1 § 290.012, subd. (a); count 1); possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 2); and misdemeanor possession of a smoking device (Health & Saf. Code, § 11364, subd. (a); count 3). On November 15, 2023, defendant filed a motion to suppress evidence (§ 1538.5) on the grounds that his detention was not supported by probable cause. The prosecutor opposed the motion. Defendant’s motion to suppress was heard together with the preliminary hearing on November 30, 2023. At the conclusion of the hearing, defendant was held to answer as charged and the motion to suppress was denied. On December 5, 2023, the prosecutor filed an information charging defendant with the same offenses and counts alleged in the complaint. Defendant was arraigned on the information on December 15, 2023, and pled not guilty to all counts.