People v. Rathsamy CA5

Filed 9/24/25 P. v. Rathsamy 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088608 Plaintiff and Respondent, (Super. Ct. No. F24901212) v.

SONESAY RATHSAMY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. Conness A. Thompson, 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 Detjen, Acting P. J., Meehan, J. and Snauffer, J.

INTRODUCTION Appellant and defendant Sonesay Rathsamy (appellant) was convicted after a jury trial of possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1)) and sentenced to three years in prison. 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.) We affirm. FACTS On February 14, 2024, Officer John Romo of the California Highway Patrol was assigned as an investigator on the auto theft detail. Romo and his team of four officers drove unmarked vehicles that were equipped with lights and sirens. Romo was wearing plain clothes and a tactical vest that displayed his badge and stated “POLICE” in large letters on the front and back. Around 1:30 p.m., Romo was on patrol and observed a silver BMW X-5 vehicle parked on the street. A license plate check indicated the BMW had been reported stolen. Romo initially did not see anyone around the parked vehicle but continued to watch the BMW, and saw appellant get into the driver’s seat and drive away. Romo did not see anyone else enter the BMW. Romo and his team followed appellant as he drove the BMW for several blocks. Appellant turned into a dead-end street and stopped. Romo and his team attempted to place their vehicles around the BMW to block any escape. At least two officers on Romo’s team activated the flashing lights on their vehicles. However, appellant was able to maneuver the BMW through a small space between the team’s vehicles and drove away. Romo and his team resumed following the BMW in their vehicles, and at least two officers activated lights and sirens on their vehicles as they followed. Appellant