People v. DeLeon CA5

Filed 9/28/15 P. v. DeLeon 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069252 Petitioner and Respondent, (Super. Ct. Nos. BF148731A & v. BF151689B)

CRYSTAL DESEREA DELEON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. H.A. Staley,† Gary T. Friedman, and Charles R. Brehmer, Judges. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.

* Before Kane, Acting P.J., Peña, J. and Smith, J. † Retired judge of the Kern Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION Appellant Crystal Deserea DeLeon was charged with multiple offenses and enhancements in two separate cases. Pursuant to plea agreements, she pled no contest in case No. BF148731A to violating Vehicle Code section 10851, subdivision (a), unlawful driving or taking of a vehicle, and to having suffered a prior strike. In case No. BF151689B, DeLeon pled no contest to being a felon in possession of a firearm, participating in a criminal street gang, and admitted a prior strike. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Case No. BF151689B: The evening of November 12, 2013, five Kern County sheriff’s deputies entered a residence in Bakersfield to execute an arrest warrant and to conduct a probation search of Juan Garcia. One deputy entered a bedroom in the residence; DeLeon and another female were sitting on the bed. The deputy saw a glass smoking pipe on the bedroom floor. A records check on DeLeon revealed she was on probation, with search terms, and that there was an outstanding warrant for her arrest. A deputy looked under the mattress and located a loaded .22-caliber rifle. The rifle had the names “Grimmy” and “Nena” written in one-inch high black letters just above the magazine. The rifle was located under where DeLeon had been sitting. DeLeon told the deputy that it was her room; she shared it with Bernie Lopez; and she knew the rifle was in the room. DeLeon also told the deputy of another rifle that was located behind a Raiders poster on the wall. DeLeon told the deputy that she was referred to as Nena, but the names on the rifle did not refer to her because “Grimmy Nena” was a term for the Varrio Bakers and she, DeLeon, was a Loma. DeLeon claimed she no longer was active with