People v. Hinton CA2/8

Filed 10/24/13 P. v. Hinton CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B249245

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA 391425) v.

LESLIE HINTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court for the County of Los Angeles. Craig J. Mitchell, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________________

SUMMARY Defendant Leslie Hinton pled no contest to a misdemeanor charge of having a concealed firearm in a vehicle. He appealed from the denial of his motion to suppress evidence. His court-appointed counsel filed a brief requesting this court’s independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Our review of the record shows no arguable issues, and we affirm the judgment. FACTS Police officers obtained a warrant to search premises, vehicles and persons at two adjacent locations in Los Angeles, 2604 South Hill Street and 2620 South Hill Street. The premises consisted of a warehouse at each location, and the search warrant included the surrounding grounds and “all vehicles, specifically connected to occupants or permanent residents of the location and parked directly on or nearby to” the locations. The police had reason to believe that marijuana was being illegally cultivated, stored, transported and sold from the premises. The warehouses at the two locations were separated by a lot connecting the two buildings. The warehouse at 2620 South Hill Street and the connecting lot were behind a black iron gate. Officer Kristina Fuentes was observing the location at 2620 South Hill Street just before the execution of the warrant on November 3, 2011. She saw defendant sitting in a white Ford Focus. The car was “behind the gate next to the warehouse and the gate [was] enclosed around the warehouse.” While Officer Fuentes was observing him, defendant got out of the car and went to open the black gate for another vehicle. Defendant opened the gate, a Mustang with two occupants pulled in, and defendant closed the gate. Defendant went back to the Ford Focus and got inside again. The two people in the Mustang got out and approached the Ford Focus, and appeared to have a conversation with defendant. During the search that followed, Officer Fuentes and her partner searched the Ford Focus, and her partner found a firearm under the driver’s seat.