People v. Wood CA2/7

Filed 4/22/15 P. v. Wood CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B259414

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA419127) v.

DINO WOOD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Frederick N. Wapner and Ronald H. Rose, Judges. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

______________________

Dino Wood was charged in an information with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1))1 and unlawful possession of ammunition (§ 30305, subd. (a)(1)) with special allegations he had suffered one prior serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served five separate prison terms for felonies (§ 667.5, subd. (b)). Represented by appointed counsel, Wood pleaded not guilty and denied the special allegations. The trial court granted Wood’s motion for discovery of police personnel records (Evid. Code, §§ 1043, 1045; Pitchess v. Superior Court (1974) 11 Cal.3d 531), reviewed the records in an in camera hearing and found no discoverable information. The court denied Wood’s motion to dismiss the prior strike conviction (§ 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497). Wood also filed a motion to suppress evidence (§ 1538.5) challenging his detention, arrest and subsequent search of his person as unconstitutional. At the hearing on the motion, Dorothy Penn testified she telephoned the police emergency operator at 3:00 a.m. on December 5, 2013 because someone was attempting to open the front door of her home. Officers arrived and detained Wood. One of the responding officers, Los Angeles Police Officer Gerard Raygosa testified he saw Wood crouching by the inner front door of Penn’s house. When Raygosa called out to him, Wood stood up and approached, appearing unsteady on his feet. Because Wood appeared too intoxicated to care for himself, Raygosa detained him for being drunk in public in violation of section 647, subdivision (f). During a search incident to arrest, Raygosa’s partner discovered a loaded handgun in Wood’s possession. At the conclusion of the hearing, the trial court found the detention, arrest and search incident to arrest were lawful and denied the suppression motion.