People v. Zepeda CA5

Filed 3/3/15 P. v. Zepeda 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066886

v. (Super. Ct. No. F12907694)

ISAAC LEE ZEPEDA, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. Stephanie L. Gunther, 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 Detjen, J.

A jury convicted appellant, Isaac Lee Zepeda, of possession of a short-barreled shotgun (count 3/Pen. Code, § 33215),1 possession of ammunition by a prohibited person (count 4 /§ 30305, subd. (a)(1)), and two counts of possession of a firearm by a felon (counts 1 & 2/§ 29800, subd. (a)(1)). In a separate proceeding Zepeda admitted two prior prison term enhancements (§ 667.5, subd. (b)). Additionally, based on his conviction in the instant case the court found that Zepeda violated his postrelease community supervision in case No. F11904164. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On September 28, 2011, at approximately 5:50 p.m. Fresno Police Officers Robert Fry and Luis Carrillo were traveling eastbound in a patrol car with Fry driving when they saw Zepeda and Christopher Guyton riding bicycles westbound wearing backpacks. Zepeda turned and kept his eyes on the patrol car as it drove by. Fry then made a U-turn and followed the men to a house on Divisadero.2 The officers continued to the corner of Van Ness and Divisadero and watched Zepeda and Guyton dismount from their bicycles at the house. Officer Carrillo ran the house address to see if anyone who lived there was on parole or probation in order to conduct a search. Carrillo determined that a woman who lived at the address, Adrianna Calderon, was on probation. He then contacted additional members of the Violent Crime Impact Team for assistance in doing a probation compliance check at the house.