People v. Solano CA2/7

Filed 10/27/14 P. v. Solano CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B253756

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA060019) v.

DANIEL LEONARD SOLANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eric P Harmon, Judge. Affirmed. Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND

Los Angeles County Sheriff’s deputies conducted a traffic stop of a car driven by defendant Daniel Leonard Solano. Crystal Marie Almanza, Solano’s girlfriend, was in the front passenger seat. Inside Almanza’s purse, deputies found a loaded revolver and a plastic bag containing approximately 50 grams of methamphetamine. One of the deputies searched Solano and recovered over $3,000 in hundred and twenty dollar bills. Deputies subsequently searched Solano’s hotel room and discovered ammunition, prescription pills, a digital scale, and several men’s watches. None of the pills was packaged in prescription bottles.1 The People charged Solano in an information with possession for sale of methamphetamine (Health & Safe. Code, § 11378) with an allegation that he was personally armed with a firearm (Pen. Code, § 12022, subd. (c)), possession for sale of dihydrocodeinone (Health & Safe. Code, § 11351), possession for sale of oxycodone (ibid.), possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), and unlawful possession of ammunition (id., § 30305, subd. (a)(1)). The information specially alleged Solano had been convicted of one serious or violent felony within the meaning of the three strikes law (id., §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and of two drug-related convictions within the meaning of Health and Safety Code section 11370.2, subdivisions (a) and (c).2 Represented by counsel, Solano entered a plea of not guilty and denied the special allegations. Prior to trial, the trial court heard and denied Solano’s two separate motions pursuant to People v. Marsden (1970) 2 Cal.3d 118 to replace his appointed counsel. On the morning trial was to begin, Solano entered a negotiated plea of no contest to possession for sale of dihydrocodeinone and admitted he had suffered one prior strike