People v. Silva CA3

Filed 2/27/15 P. v. Silva CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C072100

Plaintiff and Respondent, (Super. Ct. Nos. 09F09081, 12F04901) v.

DENNIS CHARLES SILVA,

Defendant and Appellant.

In case No. 09F09081, a jury convicted defendant Dennis Charles Silva of being a convicted felon in possession of a firearm (former Pen. Code, § 12021, subd. (a)(1)— count one)1 and carrying a concealed firearm (former § 12025, subd. (a)(1)—count two). Defendant admitted a strike prior (§§ 667, subds. (b)-(i), 1170.12) and two prior prison terms (§ 667.5, subd. (b)). In case No. 12F04901, defendant entered a plea of guilty to failure to appear (§ 1320.5) and admitted an on-bail enhancement (§ 12022.1). For both

1 Undesignated statutory references are to the Penal Code.

1

cases, the court sentenced defendant to state prison for an aggregate term of eight years eight months. Defendant appeals in both cases but raises only one issue, relating to case No. 09F09081. He contends the trial court erroneously denied his motion for acquittal because the presence of the gun in the car was alone insufficient to support his convictions. We conclude sufficient evidence supports his convictions. Defendant failed to raise any issues in case No. 12F04901, so we will dismiss the appeal. FACTS About 3:00 p.m. on December 1, 2009, Deputy Sheriff David Lee saw a car speeding on Arden Way. Deputy Lee followed the car for more than two miles. He noticed that it had expired registration tags and stopped the car. Defendant was the driver and Tessa Trimble, defendant’s girlfriend, was the front seat passenger. After asking for defendant’s license, registration, and proof of insurance, the deputy asked defendant if he was on probation or parole. Defendant admitted he was on parole. The deputy had defendant get out of the car. The deputy then pat-searched defendant and did not find any weapons on his person. Deputy Enriquez had arrived and was at the passenger side speaking with Trimble. Trimble was also asked to get out of the car. Defendant agreed to a search of the car. Deputy Lee searched the car, which had a lot of trash in the front and was “very messy.” Deputy Lee began on the passenger side for safety reasons (the driver’s side was along the road). In the middle of the floor, up against the center console on the passenger side but near the driver’s side and not underneath the seat or any trash, the deputy found a grey T-shirt loosely wrapped around a semiautomatic nine-millimeter handgun, a magazine (which had been taken out of the gun) with two nine-millimeter hollow-point rounds, and three loose nine-millimeter hollow-point rounds. Although the gun had a broken handle and looked damaged, it was in working order and was capable of being fired. There was electrical tape around the magazine.