People v. Rodriguez CA2/3

Filed 4/15/16 P. v. Rodriguez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B265652

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA132789) v.

JOSE RODRIGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lori Ann Fournier, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Jose Rodriguez appeals following a judgment entered after he pled no contest to possession of a firearm by a felon and admitted he suffered a prior strike conviction. The trial court sentenced him to a total of 32 months in state prison. Defendant’s appellate counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief but has not done so. We affirm the judgment. DISCUSSION On August 13, 2013, Deputy Sheriff Guillermo Sanchez observed that the vehicle defendant was driving, a white Cadillac Escalade, did not make a complete stop at a stop sign before it made a southbound turn onto another street. Sanchez also observed that the windows on the vehicle appeared to be tinted. After Sanchez activated his lights and siren, defendant pulled over and lowered his window. As Sanchez approached the vehicle, he saw the butt of a handgun sticking out from under the driver’s seat. Sanchez detained defendant and the other passengers in the vehicle and recovered a semi- automatic nine-millimeter pistol. After defendant voluntarily waived his rights under Miranda v. Arizona (1966) 384 U.S. 436, he told another deputy sheriff that he found the firearm in the street and that it belonged to him. By information filed on January 21, 2014, defendant was charged with the crimes 1 of possession of a firearm by a felon (Pen. Code, § 29800(a)(1)), and carrying a loaded firearm in a vehicle (§ 25850(a)). The information also alleged that defendant had suffered a prior felony conviction that qualified as a strike under section 667, subdivision (d) and section 1170.12, subdivision (b). On April 8, 2014, the court heard and denied defense counsel’s motion to suppress evidence under section 1538.5. The court explained that there was probable case for the traffic stop because the vehicle did not come to a complete stop at the stop sign. The court also rejected defendant’s contentions that the subsequent detention was 1 All undesignated statutory references are to the Penal Code.