People v. Pierce CA2/3

Filed 12/11/24 P. v. Pierce CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B337060

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA130359 v.

LARRY CARNELL PIERCE, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David C. Brougham and Sonia K. Govea, Judges. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Larry Carnell Pierce, Jr., appeals his conviction—following his no contest plea—for being a felon in possession of a firearm and for unlawful possession of ammunition. Pierce’s counsel has asked us independently to review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. On May 21, 2022, around 11:30 p.m., California Highway Patrol Officer Anthony Carlevaro and his partner Officer Gribben were on the westbound 10 freeway, handling a traffic collision.1 A black motorcycle passed them “at a high rate of speed.” The officers got back into their patrol car and “accelerated to well over 100 miles an hour” “in an effort to catch up to the motorcycle.” The motorcycle was traveling 90 miles an hour and “fluctuated up to 98 miles an hour.” Officer Gribben activated the car’s emergency lights and the motorcycle came to a stop. The rider turned off the engine. The officers approached the motorcycle—Carlevaro on the right and Gribben on the left. Carlevaro asked the rider if he had any weapons. The rider said he didn’t. Carlevaro told the rider to “step off the motorcycle” toward Gribben so Gribben could “pat him down for weapons.” The rider “began to lift his helmet as if he was going to take it off,” “then he immediately dropped it,” leaned forward, started the motorcycle “and revved the engine while he was trying to pick up the kick stand.” Carlevaro then “pushed the motorcycle over.” The rider “popped up and began running” across the highway. The officers gave chase. Carlevaro saw