People v. Lopez CA2/4

Filed 7/6/16 P. v. Lopez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262402

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA107185)

v.

GABRIEL LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David C. Brougham, Judge. Affirmed as modified. Sylvia Ronnau, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Gabriel Lopez appeals from the judgment entered following his conviction by jury of two felonies, possessing (Health & Saf. Code, § 11378) and transporting (Health & Saf. Code, § 11379, subd. (a)) methamphetamine for sale, and two misdemeanors, possessing a methamphetamine pipe (former Health & Saf. Code, § 11364.1, subd. (a)(1)) and falsely identifying himself to a peace officer (Pen. Code, § 148.9, subd. (a)).1 Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist. We direct the clerk of the superior court to correct a clerical error in the abstract of judgment and otherwise affirm. FACTUAL BACKGROUND At around 4:00 a.m. on June 30, 2014, uniformed West Covina Police Department officer Nicholas Franco was driving his patrol vehicle through an area known for having high rates of drug activity and property crime. He saw a car make a wide right turn without using its turn signal. Believing the car had violated two provisions of the Vehicle Code, Franco initiated a traffic stop by activating his patrol vehicle’s overhead lights and spotlights. The car did not stop immediately; it continued driving at a slow speed for approximately 30 to 45 seconds, traveling about 500 feet. During that time, Franco saw the person sitting in the front passenger seat “make furtive movements” while apparently reaching forward toward the front passenger floorboard. The car eventually pulled into a gas station and stopped near a gas pump. Franco parked his patrol car behind the car and walked up to the driver’s side of the vehicle. He told the female driver why he had stopped her and asked for her driver’s license. Franco also asked the passenger, whom he identified in court as defendant, for his identification. Defendant told Franco he did not have any identification with him. Defendant gave his true birthdate but told Franco his name was Ronald Lopez.