People v. Bravo CA5

Filed 5/15/15 P. v. Bravo 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067658 Plaintiff and Respondent, (Super. Ct. No. BF144072A) v.

VIDAL BRAVO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant Vidal Bravo entered into a plea agreement pursuant to which he pled no contest to unlawful possession of a firearm, resisting an officer, and violating Penal Code section 186.22, subdivision (a).1 He also admitted a prior conviction. He contends the judgment should be reversed because the trial court erred in denying his motion to suppress. Bravo also asks this court to review independently the materials produced in response to his motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 and determine if the trial court erred in not releasing any documents. We conclude the trial court did not err in denying the motion to suppress or in its ruling on the Pitchess motion. We will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Because Bravo pled to the charges, the facts are derived from the preliminary hearing and motion to suppress transcripts. A criminal street gang in Bakersfield is the Okie Bakers. The gang associates with the color blue and uses the letters “O,” “OBKS,” “OBM,” and “OBC.” The Okie Bakers are rivals of the Norteño gangs. The Padre Street area is known for a lot of narcotic and gang activities. The primary activities of the Okie Bakers gang include murder, burglary, robbery, possession of illegal weapons, and possession of narcotics for sale. Bakersfield Police Officer Isaac Aleman was assigned to the police department’s gang unit in 2010. On September 17, 2012, at approximately 6:17 p.m., Aleman was on duty in a patrol car with his partner Officer Larry Esparza. Aleman encountered Bravo and Erik Arrieta on Padre Street. The location was within the boundaries of the area claimed by the Okie Bakers gang. Bravo was shirtless and had numerous tattoos on his upper body; all the tattoos were associated with the Okie Bakers gang. Bravo and Arrieta were standing near the