People v. Metcalf CA2/7

Filed 12/10/25 P. v. Metcalf CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B342536

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA514082) v.

NATHAN METCALF,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kimberley Baker Guillemet, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Nathan Metcalf appeals from the judgment after a jury convicted him of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd, (c))1 and possessing a firearm as a felon (§ 29800, subd. (a)(1)) and found true the allegation Metcalf personally inflicted great bodily injury while committing a felony or attempted felony (§ 12022.7, subd. (a).) We appointed counsel to represent Metcalf on appeal. After reviewing the record counsel for Metcalf did not identify any arguable issues and asked this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436, which we did. After independently reviewing the record, we have not identified any arguable issues either. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In the early morning hours of April 8, 2023 Los Angeles County Deputy Sheriffs Christopher Rodriguez and Kimberly Firman were on patrol when they saw an SUV in a parking lot. Thinking it unusual the car was parked in front of a closed pizza restaurant, the deputies approached the SUV. Deputy Firman ran the license plate numbers, while Deputy Rodriguez shined a flashlight into the car to see if anyone was inside. Deputy Rodriguez heard voices say, “Hey, we’re leaving now.” The deputies did not respond and left the parking lot to continue their patrol. A few minutes later, the deputies heard the revving of a car engine and saw an SUV drive by in front of them that had “a light being illuminated to the driver’s face, like they were holding