People v. Hernandez CA2/6

Filed 7/11/25 P. v. Hernandez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B337629 (Super. Ct. No. 2022019194) Plaintiff and Respondent, (Ventura County)

v.

ISMAEL BRAVO HERNANDEZ,

Defendant and Appellant.

Ismael Bravo Hernandez appeals a judgment following his guilty plea to possession of a controlled substance while armed with a firearm, a felony. (Health & Saf. Code, § 11370.1, subd. (a).) Prior to his plea, the trial court denied his two motions to suppress evidence (Pen. Code, § 1538.5) to exclude items police seized in a probation search of a vehicle. We conclude the trial court did not err. We affirm. FACTS In July 2022, Alex Morales, a sheriff’s detective, pulled over a Toyota Avalon because the windows on the vehicle were

illegally tinted. Christopher G. was the driver and another man was a passenger in the front seat. Hernandez was in the back seat. Morales knew Hernandez and knew he was on probation with “search terms” and had outstanding “warrants.” Hernandez was “immediately detained,” handcuffed, arrested for the “misdemeanor warrants,” and handed over to Detective Estrada. Morales conducted a probation search of the vehicle. He saw there was a backpack near the front passenger seat floorboard of the car. Hernandez told Estrada that there was a gun in the backpack in the vehicle. Morales searched the backpack and found a gun, “personal documentation with Ismael Hernandez’s name on it,” and a cylinder containing methamphetamine. Morales believed Hernandez was able to place the backpack in the front seat area from his back seat of the car. He said, “[Y]ou can reach around and grab the backpack from the back seat.” The People filed a felony complaint alleging Hernandez committed the unlawful transfer of a firearm (Pen. Code, § 27545) (count 1); was carrying a concealed firearm (id., § 25400, subd. (a)(3)) (count 2); was in possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)) (count 3); and was in possession of a controlled substance with a firearm (id., § 11370.1, subd. (a)) (count 4). Hernandez pled not guilty. Hernandez filed a Penal Code section 1538.5 motion to exclude the backpack and the items found in it, claiming they were the product of an unlawful search. The trial court held a preliminary hearing. Morales testified that he discovered a gun