People v. Cockren CA5

Filed 12/12/14 P. v. Cockren CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F065805

v. (Super. Ct. Nos. BF135009A, BF139194A & BF140612A) ALLEN DEE COCKREN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Ross Thomas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Poochigian, J., and Peña, J.

In case No. BF135009A appellant, Allen Dee Cockren, pled guilty to transportation of methamphetamine (count 2/Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine while armed with a loaded firearm (count 3/Health & Saf. Code, § 11370.1, subd. (a)), and possession of a firearm by a felon (count 4/former Pen. Code, § 12021, subd. (a)(1))1 and he admitted two prior prison term enhancements (§ 667.5, subd. (b)). In case No. BF139194A Cockren pled guilty to possession for sale of methamphetamine (count 2/Health & Saf. Code, § 11378). In case No. BF140612A Cockren pled no contest to failure to appear on a felony (§ 1320.5). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 we affirm. FACTUAL AND PROCEDURAL HISTORY On December 23, 2010, at approximately 12:36 a.m. Cockren was the front seat passenger in a car driven by Marisabell Alvarado that was stopped by Bakersfield Police Officer Amy Newman for a traffic violation. After determining that Alvarado had an outstanding misdemeanor warrant Newman called for backup. When Officer Casey Grogan arrived on the scene Newman obtained consent to search the car from Alvarado and she removed her from the car. Officer Grogan noticed that Cockren had perspiration on his forehead, he was wearing a bulky jacket, and he kept looking around. Officer Grogan asked him to step out of the car. As Cockren got out of the car he bumped his chest against the officer. Officer Grogan then grabbed Cockren and spun him around so he faced the car. He patted Cockren down and discovered a stolen pistol tucked in Cockren’s waistband. During the search of the car, the officers found three baggies on the front passenger’s seat and one between the console and the front passenger’s seat that contained a total of 12.6