People v. Brown CA2/8

Filed 10/3/14 P. v. Brown CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B253428

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA057962) v.

KERA K. BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Christopher G. Estes, Judge. Affirmed.

Alex Green, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Victoria B. Wilson and Lance E. Winters, Assistant Attorneys General for Plaintiff and Respondent.

_________________________________

Kera K. Brown pled no contest to possession of a firearm by a felon and admitted having served a prior prison term. He now requests this court review the trial court’s ruling on his Pitchess1 motion. This issue is not cognizable on appeal, however. We thus affirm the judgment. FACTS On November 15, 2012, Los Angeles County Sheriff’s deputies conducted a parole compliance search for Troy Webster, who was believed to live in apartment number 4 in a building located in the city of Palmdale. During the course of the search, the officers encountered Brown, Tyrone Ferguson, and Alicia Deyon, but not Webster. The officers searched a car parked in the space allotted for apartment number 4 and discovered a loaded revolver and a bank statement with Brown’s name on it. A key to the car was later discovered in Brown’s shoe and Brown admitted he owned both the car and the gun. Brown was charged with one count of possession of a firearm by a felon in violation of Penal Code2 section 29800, subdivision (a)(1), one count of having a concealed firearm in a vehicle in violation of section 25400, subdivision (a)(1), and one count of possession of ammunition in violation of section 30305, subdivision (a)(1). It was further alleged that Brown suffered prior convictions pursuant to sections 1170.12, subdivisions (a) through (d) and section 667, subdivisions (b) through (i). Prior to trial, Brown filed a Pitchess motion for discovery of the personnel information of the deputies who arrested him. In support of his Pitchess motion, Brown’s public defender submitted a declaration which stated in relevant part: “2. Deputy Bertieri (453065) alleges: On 11/15/12, he responded to a location to conduct a parole compliance search of an active parolee with search conditions, by the name of Troy Webster. They approached a multi-unit apartment complex and contacted a black male by the name of Ferguson who stepped out of apt #4.