People v. Salas CA2/7

Filed 1/23/14 P. v. Salas CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B248461

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA392205) v.

JAIME SALAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed. Jaime Salas, in pro. per.; and Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

_______________________

A neighbor called police after seeing Jaime Salas fire a semiautomatic handgun into the air. Salas refused to comply with the commands of responding officers and physically resisted their efforts to take him into custody. An information charged Salas with discharging a firearm with gross negligence 1 (Pen. Code, § 246.3, subd. (a)), possession of a firearm by a felon (§ 12021, subd. (a)(1)), and resisting, obstructing or delaying a peace officer (§ 148, subd. (a)(1)). The information specially alleged Salas had suffered two prior serious or violent felony convictions for robbery (a juvenile adjudication and an adult conviction) within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and one serious felony under section 667, subdivision (a)(1). Salas pleaded not guilty and denied the special allegations. Prior to trial Salas filed motions to suppress evidence seized following a search of his apartment (§ 1538.5); bifurcate the trial of his prior conviction allegations; sanitize the prior felony conviction (robbery), which formed the basis for the charge of unlawful possession of a firearm by a felon; and preclude the People from introducing any photographs of, or otherwise referring to, the firearms found in his apartment. The trial court heard and granted these motions. Salas also moved to dismiss his prior strike convictions (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero); § 1385), which the court denied without prejudice, and to bifurcate trial on the charge of unlawful possession of a firearm by a felon and exclude evidence of police emergency calls, which the court heard and denied. A jury convicted Salas on all counts. Salas waived his right to a jury on the prior conviction allegations. Following a bench trial the court found true the prior serious felony conviction allegations.