People v. Nichols CA6

Filed 7/21/14 P. v. Nichols CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040602 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1234709)

v.

CHRISTOPHER REED NICHOLS,

Defendant and Appellant.

Defendant Christopher Reed Nichols pleaded no contest to a count of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)),1 a count of possession of ammunition by a felon (§ 30305, subd. (a)(1)), and a count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). On appeal, defendant’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel has declared defendant was notified an independent review under Wende was being requested. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed, and we have not received a written response from defendant. Pursuant to Wende, we reviewed the entire record and found no arguable issues. We will therefore provide “a brief description of the facts and procedural history of the

1 Further unspecified statutory references are to the Penal Code.

case, the crimes of which the defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 110 (Kelly).) FACTUAL AND PROCEDURAL BACKGROUND The Offense On May 8, 2012, Santa Clara County Sheriff’s Deputies Tyler Fleckner and Ryan Schaefers stopped a car while patrolling the Santa Cruz mountains after observing it had cracks on the front windshield and a broken brake light. Fleckner asked defendant, who was the driver, for his license, registration, and insurance. The sole passenger in the car was Danny Jose Abellera. Some time after initiating the traffic stop, Fleckner noticed an odor of marijuana coming from the car’s interior. Fleckner asked defendant if he had marijuana inside the car, and defendant asserted he did not. Abellera said he had marijuana in his pocket. Fleckner checked to see if either defendant or Abellera had outstanding warrants, which they did not. Fleckner then asked defendant and Abellera to step outside the car and conducted a search. Fleckner found marijuana inside Abellera’s pocket and did not find anything on defendant. Fleckner still smelled marijuana emanating from the car, so he proceeded to search the car’s interior. He found a container wedged between the seat and center console containing a white crystalline substance, which tested presumptively positive for methamphetamine. After continuing the search, Fleckner found two rifle magazines loaded with bullets. He also found a black plastic rifle case with a rifle inside in the car’s compartment area.2