People v. Huerta CA4/1

Filed 12/3/25 P. v. Huerta CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D085302

Plaintiff and Respondent,

v. (Super. Ct. No. SCS329391)

JOSE HUERTA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Maryann D’Addezio, Judge. Affirmed. Tracy R. LeSage, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted Jose Huerta of felony possession of cocaine for sale, felony possession of methamphetamine for sale, felony transportation of cocaine, and felony transportation of methamphetamine. Thereafter, the trial court sentenced Huerta to eight years in state prison. Huerta appealed, and his court-appointed counsel filed a brief raising no issues but seeking our

independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We informed Huerta of his right to file a supplemental brief under Wende and Anders, but he did not respond. Based on our independent review of the record, we find no reasonably arguable appellate issues and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Around 9 p.m. on January 3, 2024, a Chula Vista Police Department officer pulled over Huerta’s car because the license plate was not illuminated. Huerta, who had a passenger in his car, was leaving a hotel known by police because of frequent narcotic activity. The officer asked Huerta for his license and registration, and Huerta told the officer his license was restricted. Huerta explained he was only supposed to drive to and from work. The officer also asked Huerta if he had any weapons, and Huerta responded that he had a knife in his pocket. Huerta then asked the officer if he could look in his backpack for his license, and the officer agreed. The officer testified at trial that as Huerta looked in the bag, it seemed like he was trying to hide something. The officer became concerned for his safety, thinking Huerta might have another weapon, and asked for the bag. The officer also testified that Huerta and his passenger both seemed very nervous and were moving around “vigorously” in the car before the traffic stop. Huerta handed over the backpack and the officer placed it on top of Huerta’s car. The officer then asked Huerta to step outside of the vehicle. Once outside the car, the officer placed Huerta in handcuffs. The officer obtained both Huerta’s name and the name of his passenger, and provided the information to police dispatch, who discovered the passenger