People v. Washington CA2/4

Filed 3/21/16 P. v. Washington CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B266561

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.VA138105) v.

TODD JEROME WASHINGTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John A. Torribio, Judge. Affirmed in part, remanded in part with directions. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Todd Jerome Washington appeals from the judgment entered following his conviction by jury of possessing a firearm with a prior violent conviction, a felony (Pen. Code, § 29900, subd. (a)(1))1, and falsely identifying himself to a peace officer, a misdemeanor (§ 148.9, subd. (a)). Defendant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Defendant filed a supplemental letter. Following our independent examination of the entire record, we conclude that no arguable issues exist, and affirm the judgment of the trial court. We remand only for amendment of the abstract of judgment. RELEVANT FACTUAL AND PROCEDURAL HISTORY On March 19, 2015, defendant was charged by information with possession of a firearm with a prior violent conviction (§ 29900, subd. (a)(1)), possession of a firearm by a felon (§ 29800, subd. (a)(1)), carrying a loaded firearm in public (§ 25850, subd. (a)), possession of ammunition (§ 30305, subd. (a)(1)), and giving false information to a peace officer (§ 148.9, subd. (a)). The information further alleged that defendant suffered two prior strike convictions (§§ 667, subd. (d), 1170.12, subd. (b)), one of which also was alleged to qualify as a prior prison term (§ 667.5, subd. (b)). The information also charged codefendant Antiana Monet Little with carrying a loaded firearm in public (§ 25850, subd. (a)) and being an accessory after the fact to defendant’s possession of a firearm by a felon (§ 32). Both defendant and codefendant pleaded not guilty, and defendant denied the special allegations. A joint jury trial commenced on July 17, 2015. Prior to jury selection, the court, on its own motion, dismissed without prejudice the felon in possession charge, pursuant to section 1385. The People also informed the court they would not proceed as a three strikes case. The People called two witnesses in their case-in-chief, sheriff’s deputies Miguel Meza and Victor Lemus. Both deputies testified that they conducted a traffic stop in the