People v. Jimenez CA2/6

Filed 2/19/25 P. v. Jimenez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B332964 (Super. Ct. No. PA099312) Plaintiff and Respondent, (Los Angeles County)

v.

JOCELYN JIMENEZ,

Defendant and Appellant.

Jocelyn Jimenez appeals from the judgment after pleading no contest to possession of a firearm by a felon (Pen. Code1, § 29800, subd. (a)(1); count 1), unlawful possession of ammunition (§ 30305, subd. (a)(1); count 2), and carrying a loaded, unregistered handgun (§ 25850, subds. (a), (c)(6); count 3). The trial court granted appellant two years of probation with terms, including credit for time served.

1 Undesignated statutory references are to the Penal Code.

Appellant contends the court erred by failing to find she was subjected to an unlawful detention and pat-down search in violation of the Fourth Amendment. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND On November 2, 2022, Los Angeles Police Department Officer Felix Rodriguez, who was with his partner, saw appellant standing directly behind a car in a parking lot. During Officer Rodriguez’s investigation, appellant stated the car belonged to her uncle. Alejandro Cazares was in the car’s front passenger seat. Officer Rodriguez had arrested Cazares twice in the past. Cazares was on postrelease community supervision (PRCS) with search conditions. He was also a member of the Violent Boys gang. At the May 2023 preliminary hearing, Officer Rodriguez testified he had been assigned to monitor Violent Boys gang members for the past three and a half years. He had been a sworn peace officer for approximately seven and a half years. According to Officer Rodriguez, Violent Boys gang members are known to carry firearms. One year prior to the incident with appellant, Officer Rodriguez had arrested Violent Boys gang members at that specific location, including an arrest for firearm possession on that property. Officer Rodriguez also testified that “[g]ang members utilize tactics where they either hand [a firearm] to a female associate of theirs or also a member to avoid police confiscation.” After seeing appellant standing behind the car, Officer Rodriguez asked her to wait against a fence. He told appellant not to reach into her pocket and asked if she had been arrested before. Appellant said she had been arrested for drugs. Officer