People v. Kinzie-Zinn CA5

Filed 5/18/15 P. v. Kinzie-Zinn 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068058 Plaintiff and Respondent, (Kern Super. Ct. No. SF16492A) v.

KODY MICHAEL KINZIE-ZINN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Judith K. Dulcich, Judge. Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J., and Franson, J.

INTRODUCTION Appellant/defendant Kody Michael Kinzie-Zinn pleaded no contest to transporting an assault weapon and was placed on probation. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 Around 2:00 p.m. on December 24, 2011, Connie Lopez, a dispatcher with the Kern County Sheriff’s Department, received a 911 call. The caller reported that he saw someone driving a vehicle on a highway, and that person was loading bullets into a magazine clip. Lopez transferred the call to the California Highway Patrol dispatcher, who obtained further information from the caller. However, Lopez stayed on the line and listened to the conversation to keep deputies advised of the situation. According to Lopez, the caller identified himself as Alec Gillis and provided his cell phone number. Gillis said he saw a silver coupe with an Oregon license plate and provided that number. The driver was a white male with longish-brown hair and was the only occupant. Gillis said the car was traveling north on Interstate 5 and had passed Highway 119. Gillis initially said he saw a possible weapon in the car, and he saw the driver reaching for what he thought was a gun, but then said he only saw a clip. He did not see an actual gun. Lopez placed this information into the sheriff’s department computer system for broadcast.2 Kern County Sheriff’s Deputy Gary Crawford was on patrol and received the dispatch to be on the lookout for a subject traveling north on Highway 5 who was