People v. Story CA3

Filed 6/6/25 P. v. Story CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C101807

Plaintiff and Respondent, (Super. Ct. No. 62-195303)

v.

TROY STEVEN STORY,

Defendant and Appellant.

Appointed counsel for defendant Troy Steven Story filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable errors that would result in a disposition more favorable to defendant, we affirm the judgment.

1

BACKGROUND Late at night, two police officers (Officers Schnetz and Bergenstock) saw a pickup truck driving without a front license plate. They followed the vehicle, but could not read the rear license plate as it was obscured by a trailer hitch. They initiated a vehicle stop. Schnetz approached the driver, later identified as defendant, and Bergenstock approached the passenger. As he looked into the driver’s side window to speak to defendant, Schnetz saw an unsheathed sword sitting on the dashboard within defendant’s grasp. Schnetz reached in, took the sword from the dashboard, and placed it in the bed of the truck. Schnetz then took defendant’s driver’s license and began walking back to the patrol car to conduct a records check. As he walked toward the patrol car, Schnetz saw Bergenstock “draw his firearm” and give “loud, verbal commands to the passenger.” He also heard Bergenstock say there was a shotgun in the truck. Schnetz immediately returned to the driver’s side and opened the door; he saw a shotgun on the driver’s side floorboard “pushed up against the door by the driver’s left foot.” The gun was loaded with one round in the chamber and three in the “tubular magazine.” Schnetz took the shotgun and put it in the bed of the truck. He removed defendant from the truck and handcuffed him. At that point, Schnetz learned defendant had a prior felony conviction and decided to place defendant under arrest. After “form[ing] the intent to place [defendant] under arrest,” Schnetz conducted a search of defendant’s person. He found three small baggies containing methamphetamine, a glass pipe with residue on it, and a newer glass pipe. He also found a small scale inside the truck. Defendant told Schnetz the gun was registered to his fiancée; upon further investigation, Schnetz learned the gun was not registered to anyone. The People subsequently charged defendant with several drug and firearm related offenses. Contemporaneous to the preliminary hearing, the trial court heard defendant’s motion to suppress the evidence found during the traffic stop. The court denied the