People v. Robison CA5

Filed 9/24/15 P. v. Robison 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068700 Plaintiff and Respondent, (Super. Ct. Nos. BF147457A & v. BF142959A)

DON ALLEN ROBISON, OPINION Defendant and Appellant.

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

* Before Gomes, Acting P. J., Poochigian, J. and Peña, J.

Appellant Don Allen Robison pled no contest in case No. BF142959A to receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)) and no contest in case No. BF147457A to possession of methamphetamine while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On June 11, 2012, Bakersfield Police Detective Brian West was assigned a case involving a U-Haul trailer containing dog food that was stolen overnight from the front of Patricia Irwin’s house. After reviewing the case, Detective West was contacted by Officer Dietrich and advised that the trailer had been located on the driveway of a residence on Castaic Drive where Andrew Miller and Andy Queen lived. The couple was interviewed by officers and stated that a few days earlier Robison had asked for and received permission from them to park the trailer on their driveway for a few days. Miller and Queen each identified Robison from a picture as the man who left the trailer on their driveway. On June 12, 2012, after determining that Robison was on probation with search conditions, Detective West and another officer went to Robison’s residence, but he was not there. However, the officers spoke with Amy Heitman who told them there had been a U-Haul trailer parked in the alley behind the residence and that Robison had moved it from there. Robison then arrived at the residence and Detective West asked him about the trailer. Robison told Detective West there had been a trailer in the alley that was partially blocking it. When Robison went to move the trailer, a man named “Jack” told him the trailer belonged to him and that he needed help moving it. At Jack’s direction, Robison left the trailer at the address on Castaic. Detective West spoke with Heitman again, and she told him she accompanied Robison as he attached the trailer in the alley to their vehicle and drove to her grandmother’s house. From there, Robison left with the