People v. Vasquez CA5

Filed 3/20/15 P. v. Vasquez CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068957 Plaintiff and Respondent, (Kern Super. Ct. No. RF6591A) v. OPINION TONY VAZQUEZ,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael E. Dellostritto, Judge. Gordon B. Scott, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

*Before Cornell, Acting P.J., Gomes, J., and Smith, J.

INTRODUCTION On January 29, 2014, a jury convicted appellant Tony Vazquez of a misdemeanor count of false identification to a peace officer (Pen. Code, § 148.9, subd. (a),1 count 4). The jury acquitted appellant of possession of metal knuckles (§ 21810, count 1) and misdemeanor possession of a smoking device (Health & Saf. Code, § 11364.1, count 3).2 On February 27, 2014, appellant was placed on probation for three years. Appellant contends, and respondent concurs, that there was insufficient evidence that appellant committed the offense of providing false identification to a peace officer. We agree with the parties and reverse the judgment of the trial court.3 FACTS Ridgecrest Police Officer Cory Ballestero arrived at a Taco Bell located on North China Lake Boulevard on March 18, 2013. It was 5:00 p.m. Appellant was entering the driver’s side of a white Honda with his left hand on top of the door and his right hand on the steering wheel. Appellant was with a woman named Cassey Fuller. Antonio Lopez, Brandy Martinez, and Joseph Vazquez were in a white Nissan parked one or two spaces from appellant. Officer Bockhohn arrived at the parking lot in another patrol car. Officer Ballestero asked to speak to the people in both cars. Appellant closed the door to his car and approached Ballestero with Fuller. The other three men also walked over to Ballestero. Ballestero asked appellant for his identification. Appellant replied that he did not have any. When Ballestero asked appellant for his name and birth date,