People v. Rocha CA5

Filed 2/4/16 P. v. Rocha 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070168 Plaintiff and Respondent, (Super. Ct. No. BF152969A) v.

DANIEL ROCHA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Richard Jay Moller, 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 Levy, Acting P.J., Kane, J. and Smith, J.

INTRODUCTION After his motion to suppress was denied, appellant Daniel Rocha pled guilty to one count of being a felon in possession of ammunition, and admitted that he had suffered a prior strike, and had served two prior prison terms. Appellant was sentenced to the upper term of three years, doubled because of the strike prior. The court struck the two prison priors for a total term of six years. Appellant filed a notice of appeal, stating he was raising the denial of his motion to suppress. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) identifying no arguable issues and asking this court to independently review the entire record on appeal. This court, thereafter, issued a letter inviting appellant to file a supplemental brief. No supplemental brief was filed. Our independent review of the record did not discover any arguable issues. Accordingly, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On December 26, 2013, police officers were conducting surveillance at 306 Northrup Street, Apartment B in Bakersfield, California, for the sales of narcotics. It was known to officers at the time, that the individual residing there, Rosa Romero, was on probation due to a prior drug sales conviction. During the surveillance, Officer Alex Paiz observed a man later identified as appellant, arrive in a black 2006 Chevrolet Colorado pick-up, exit the vehicle and use a key to enter the apartment under surveillance. Appellant exited approximately three minutes later carrying a small black box. Appellant returned to the vehicle and drove to 1121 Texas Street where he parked. He exited the vehicle carrying the small black box, and opened the engine compartment of the vehicle. When he shut the hood he no longer had the black box in his hands. He briefly spoke with another male, then entered the vehicle, and drove away. Officer Paiz radioed other officers regarding appellant and the vehicle. Officer Chuen Tsang located the vehicle and attempted an enforcement stop. Appellant broke