People v. Nguyen CA3

Filed 10/23/14 P. v. Nguyen CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075680

Plaintiff and Respondent, (Super. Ct. No. 13F03122)

v.

LOM VAN NGUYEN,

Defendant and Appellant.

Appointed counsel for defendant Lom Van Nguyen has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Having reviewed the record as required by Wende, we will affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

In May 2013, the Sacramento County Sheriff’s Department initiated a program at the Sacramento International Airport (whose airport code is SMF) to monitor heavy-duty diesel trucks for theft of catalytic converters. Sheriff’s deputies drove through the airport parking lot and catalogued the Dodge trucks with catalytic converters. The information gathered included the model and color of the truck, license plate number, where it was parked, whether it had a catalytic converter, whether the converter was missing or the vehicle itself had been converted. They also used a carbide scribe tool to mark the catalytic converters with the letters SMF and the license plate number of the truck. The trucks in the parking lot were frequently reinventoried. Anytime a catalytic converter on one of the vehicles was missing, a sheriff’s deputy filed a crime report.

One morning, Deputy Lindsay White was conducting her patrol at the economy parking lot at the airport. She stopped her vehicle to check on a Dodge truck and whether it still had its catalytic converter. As she walked between the truck and the minivan parked next to it, she saw a duffel bag lying between the vehicles. She also saw an adult man seated in the driver’s seat of the minivan. She called dispatch for assistance.