People v. Rattler CA2/5

Filed 8/12/15 P. v. Rattler CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B258743

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA424392) v.

JaJUAN RATTLER,

Defendant and Appellant.

APPEAL from the Superior Court of Los Angeles County, Lia Martin, Judge. Affirmed. Paul R. Kraus, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, Robert C. Schneider, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION A jury convicted defendant and appellant JaJuan Rattler of possession of a firearm by a felon. (Pen. Code, § 29800, subd. (a)(1)1.) Defendant admitted that he suffered four prior felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and two prior felony convictions within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to six years in state prison. On appeal, defendant contends that the trial court abused its discretion in permitting the prosecution to present gang evidence. We affirm.

BACKGROUND About 5:15 a.m. on May 4, 2014, Los Angeles Police Department Officer Jeremy Miller and his partner Conor Sever patrolled the area around 73rd and Main Streets. Recently, there had been a number of automobile burglaries and vandalisms in the area. While on patrol, Officer Miller saw a man standing close to and nearly between some parked cars. The man caught Officer Miller’s attention because he was wearing all dark clothing, including a baseball cap “with a white Cincinnati C on it.” Officer Miller took note of the cap because “[t]hat cap . . . can sometimes be indicative of a gang member” in that neighborhood. As the officers approached in their vehicle, the man looked in their direction, turned, and ran into the courtyard of a nearby apartment building. The officers drove to the apartment building—a distance of about 150 feet. The windows of their police car were open. When they stopped, Officer Miller heard the sound of a heavy metal object striking concrete. He “associated” that sound with a gun hitting concrete. Officer Miller previously had heard the sound produced when a gun strikes concrete and described it as “distinctive.” The sound seemed to come from the courtyard—at that time of the morning, it was very quiet outside.