People v. Perez CA5

Filed 12/23/25 P. v. Perez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088209 Plaintiff and Respondent, (Super. Ct. No. BF191116A) v.

JOSE FRANCISCO PEREZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Peña, J. and Harrell J.

A jury convicted defendant Jose Francisco Perez of possession of a firearm and ammunition by a convicted felon (Pen. Code,1 §§ 29800, subd. (a)(1), 30305, subd. (a)(1)), maintaining a place for the unlawful sale of marijuana (Health & Saf. Code, § 11366), and possession of cannabis for sale (Health & Saf. Code, § 11359, subd. (b)). Defendant’s appellate counsel makes no claim of error and requests our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. (See also In re Kevin S. (2003) 113 Cal.App.4th 97.) Counsel filed an opening brief that sets forth the relevant facts of the case. Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from him. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. The following is a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On August 3, 2022, personnel of the Department of Cannabis Control and other agencies executed a search warrant at an illegal marijuana dispensary in Bakersfield. Defendant was detained leaving the front of the dispensary with another individual.2 Defendant had keys to the building when contacted. The keys were used to open the dispensary and to search a vehicle in the parking lot in which they found a timecard for “Jay P.” During the search, Department of Cannabis Control detectives forced open a safe in the employee area at the back of the dispensary and found a firearm, a nylon bag with a wallet containing defendant’s identification, a lighter with the name “Jose,” two magazines, and ammunition for the firearm. Other documents found in the dispensary