People v. Trunyan CA5

Filed 7/1/25 P. v. Trunyan 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F089647 Plaintiff and Respondent, (Super. Ct. No. 23FE020177) v.

DAVID TRUNYAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Sacramento County. Peter K. Southworth, Judge. Andrea Keith, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Smith, J., and DeSantos, J.

INTRODUCTION Appellant and defendant David Trunyan (Trunyan) pleaded no contest to possession of fentanyl for sale and was sentenced to four years, split between county jail and mandatory supervision. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Trunyan did not file a supplemental brief on his own behalf. We affirm. FACTS1 At approximately 3:00 a.m. on December 12, 2023, Deputies Hancock and Marrs of the Sacramento County Sheriff’s Department were on patrol in Rancho Cordova. Hancock noticed that a vehicle was parked at a gas station for an extended period of time, and “[i]t did not appear to be getting gas.” Hancock saw individuals walk up to the vehicle and engage in “hand-to-hand transfers.” Deputy Hancock testified the vehicle left the gas station, he briefly lost sight of it, and then he located it and contacted the driver. Trunyan was the driver and identified himself, and there was a female passenger. Hancock determined Trunyan was on active probation and there was a felony warrant for his arrest in Placer County. He did not own the vehicle and said it belonged to a family member. The deputies searched the vehicle and found two scales, a couple of packages of a green, leafy substance consistent with marijuana, one package of a white, powdery “rock substance,” five pills inside a container, tin foil, and a broken cellphone. Trunyan was searched and found in personal possession of $121 in cash, a functioning cellphone, and a plastic bag of white powder.