People v. Tenorio CA3

Filed 9/23/25 P. v. Tenorio CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C101907

Plaintiff and Respondent, (Super. Ct. No. CR202325891)

v.

EVARISTO ANTONIO TENORIO, JR.,

Defendant and Appellant.

Appointed counsel for defendant Evaristo Antonio Tenorio, Jr., asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTUAL AND PROCEDURAL BACKGROUND Around 3:30 a.m., California Highway Patrol Officer Steven Hawkinson and his partner observed a car traveling at 90 miles per hour in a rural area. The officers pulled over the car and Officer Hawkinson approached the passenger side of the car. He noticed

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defendant, who was the passenger, had his eyes closed and a third person was in the backseat. The officer smelled marijuana and alcohol emanating from inside the car. After determining the driver was not under the influence, Officer Hawkinson asked the driver whether he was on probation or parole. The driver said he might have a parole or probation officer. The driver told Officer Hawkinson he did not know the names of the two passengers in the vehicle and that he just picked them up on his way to Sacramento. After learning the driver was on parole in Oregon, Officer Hawkinson asked the driver if there were any weapons in the car. The driver responded no. Officer Hawkinson testified he decided to search the vehicle because the driver was on parole status, the driver and defendant were evasive to his questions, and removing everyone from the car before doing a search for weapons made him feel more comfortable. Defendant got out of the vehicle and when Officer Hawkinson patted him down for weapons, he found a loaded handgun hidden in defendant’s waistband. Officer Hawkinson then placed defendant under arrest. He conducted a further search and found a small baggie with white powder, which he suspected was methamphetamine or cocaine. Inside the car, Officer Hawkinson found large plastic bags filled with marijuana, two loaded handguns, and ammunition. The prosecution filed a complaint alleging possession of a controlled substance while armed with a loaded firearm, two counts of possession of a firearm by a convicted felon, possession of ammunition by a convicted felon, misdemeanor possession of a controlled substance, and misdemeanor possession of marijuana for sale. The complaint further alleged a prior strike conviction and several circumstances in aggravation.