People v. Damien R. CA4/1

Filed 7/31/25 P. v. Damien R. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084849

Plaintiff and Respondent,

v. (Super. Ct. No. JCM244909)

DAMIEN R.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Richard R. Monroy and Tilisha T. Martin, Judges. Affirmed and remanded with instructions. Thien Huong Tran, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Michael J. Patty, Deputy Attorneys General, for Plaintiff and Respondent. The juvenile court adjudged Damien R. a ward of the court after finding true beyond a reasonable doubt various firearm-related allegations. On appeal, Damien argues (1) the juvenile court erred in denying his motion to

suppress evidence obtained in a traffic stop investigation and (2) the court failed to expressly declare whether two of his offenses should be deemed felonies or misdemeanors. As to the former, we conclude the totality of the circumstances demonstrate the law enforcement officers had reasonable suspicion Damien was armed and dangerous, and as to the latter, we accept the People’s concession of error. Thus, we affirm and remand with instructions. I. In March 2023, Damien was in the back seat of a car stopped for a traffic infraction and expired registration. The stop occurred in an area known to be violent and in proximity to two gang neighborhoods. After learning neither the driver nor the three other occupants had a valid driver’s license, the two officers at the scene allowed the group to call someone with a valid driver’s license to come collect the car. While waiting for the car to be picked up, the officers identified all four occupants and performed a records check, which revealed some had gang- affiliated field interviews but otherwise no criminal records. The officers could not clearly see all the occupants because the car had tinted windows and even though some windows were rolled down, the window on Damien’s side was not. Although the occupants were respectful and complied with the officers’ orders, one officer observed the back seat occupants were “doing a little bit of reaching around.” The officers asked everyone to exit the car. As Damien was getting out of the car, one of the officer’s asked if he had “something on [him] that [he] shouldn’t” have, to which Damien said yes. The officers then conducted a patdown search, lifting Damien’s shirt and discovering a loaded 9 millimeter handgun in his waistband.