People v. Hernandez CA5

Filed 4/1/25 P. v. Hernandez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088386 Plaintiff and Respondent, (Super. Ct. No. LF014738A) v.

NATHAN RAY ROYAL HERNANDEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Peña, J. and Snauffer, J.

INTRODUCTION Nathan Ray Royal Hernandez (appellant) pled no contest to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1))1 and other related firearms offenses. He was sentenced to two years eight months in state prison. On appeal, appellant’s appointed counsel filed a brief with this court pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking this court to review the record and determine if there are any reasonably arguable issues on appeal. Appellant was afforded an opportunity to submit a supplemental letter or brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. We affirm. BACKGROUND On February 3, 2024, an officer conducted an enforcement stop on a vehicle that appellant was driving. Officers conducted a probation search of the vehicle and discovered a loaded firearm under the driver’s seat.2 The Kern County District Attorney’s Office filed an information charging appellant with being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 1), possession of ammunition by a felon (§ 30305, subd. (a)(1); count 2), carrying a loaded, stolen firearm (§ 25850, subds. (a), (c)(2); count 3), carrying a loaded firearm while a member of a prohibited class (§ 25850, subds. (a), (c)(4); count 4); and carrying a loaded firearm while not the registered owner (§ 25850, subds. (a), (c)(6); count 5). The People also alleged appellant suffered a prior strike conviction. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d).) The People later moved to dismiss counts 3 and 4.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The above factual summary is drawn from the preliminary hearing transcript.