People v. Kurtz CA3

Filed 7/31/25 P. v. Kurtz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE, C101592

Plaintiff and Respondent, (Super. Ct. No. 22FE000616)

v.

MAX YASUNARI KURTZ,

Defendant and Appellant.

A jury found defendant Max Yasunari Kurtz guilty of being a felon in possession of a firearm. On appeal, defendant contends there was insufficient evidence he possessed the firearm at issue. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On January 8, 2022, Officer Max Bruce was on patrol in an industrial area of Sacramento. He observed two Chevrolet trucks lifted on jacks, which he found suspicious because of recent burglaries and catalytic converter thefts. Bruce observed defendant nearby, spoke to him, and conducted a parole search of his person. Bruce found a key and a title of ownership, known as a pink slip, to a Jayco brand trailer in

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defendant’s pocket. When Bruce asked defendant who owned a nearby trailer,1 defendant replied that the pink slip to the trailer was in his wallet. Bruce testified that defendant admitted he slept and lived in this trailer. Officers proceeded to conduct a search of the trailer. The trailer contained several stickers with the word “Hellboy” written on them. Officer Bruce believed Hellboy to be defendant’s nickname because a prior booking photograph showed the word tattooed on defendant’s stomach. Officers also found in the trailer defendant’s birth certificate, paperwork with his name on it, and a cellphone with a Hellboy sticker on it. After searching the trailer for approximately 40 to 60 minutes, officers located a loaded .380 caliber handgun “wedged higher up in the living room on top of molding,” which was not immediately visible. The gun was registered to another person and had not been reported stolen. At trial, Officer Bruce testified he did not recall confirming if there was a vehicle identification number on the trailer that matched the pink slip found in defendant’s pocket, but clarified that defendant “had a key to the trailer on his person. He had a title to the same trailer on his person. The keys [found in his pocket] locked and unlocked the trailer, which led me to believe this was his RV. He also verbally advised . . . me that he sleeps in there and resides in there.” An investigator testified he extracted data from the cellphone found in the trailer and determined the phone belonged to defendant. The investigator also testified he located a message on the phone where defendant referred to himself as Hellboy. Defendant’s girlfriend testified that defendant was living in Cameron Park on January 8, 2022, and that she had been to his house.