People v. Hernandez CA2/6

Filed 4/16/25 P. v. Hernandez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B328163 (Super. Ct. No. 2022015660) Plaintiffs and Respondents, (Ventura County)

v.

JUVENAL HERNANDEZ,

Defendants and Appellant.

Juvenal Hernandez challenges his conviction and sentencing for possession of a firearm by a prohibited person in violation of Penal Code section 29800, subdivision (a)(1)1 (count one), and possession of ammunition by a prohibited person in violation of section 30305, subdivision (a)(1) (count 2). We will affirm.

1 Further undesignated statutory references are to the

Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND Appellant was a probationer subject to searches and prohibited from possessing firearms under § 29800, subdivision (a)(1) and ammunition under § 30305, subdivision (a)(1). He became a prohibited person on December 10, 2020. On June 24, 2022, Deputy Sheriff Cameron Simpkins and three probation officers arrived at appellant’s home to conduct a search. Appellant did not have prior notice. Deputy Simpkins was the only officer wearing a bodycam, and it was functioning properly. He turned it on when he arrived at the house. A parole officer knocked on the door as Deputy Simpkins observed appellant on his cell phone in the backyard. Deputy Simpkins ordered appellant inside. After two or three minutes, appellant’s grandmother answered the door. The officers asked appellant, his brother, and his grandmother to step outside and wait on the front porch. One parole officer searched appellant’s person while the other officers and Deputy Simpkins conducted a protective sweep of the home. Deputy Simpkins’s turned his bodycam off while he and two other officers searched the house. Officers found paperwork relating to appellant’s probation in a back bedroom and determined he had “access and control” in that room. While searching the bed area, Deputy Simpkins found a black tote bag under the mattress. Inside was a .22 caliber revolver bearing serial number Z71603, a magazine holder, three magazines, boxes of 9-millimeter and .22 caliber ammunition, gloves, and various firearm parts. No other officers personally witnessed Deputy Simpkins find the bag. When he found it, he turned his bodycam back on to “depict accurately” where it was found. In the video, Deputy