People v. Brown CA2/8

Filed 7/25/16 P. v. Brown CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B269794

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA131512) v.

DARRELL ALLEN BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ricardo R. Ocampo, Judge. Affirmed.

Michelle T. Livecchi-Raufi, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

____________________________________

Appellant Darrell Allen Brown pled no contest to possession of a firearm by a convicted felon (count 1; Pen. Code, § 29900, subd. (a)(1));1 carrying a concealed firearm (count 2; § 25400, subd. (a)(2)); and carrying a loaded firearm (count 3; § 25850, subd. (a)). Further, Brown admitted he had suffered two prior section 459 first degree residential burglary convictions that qualified as prior strikes and as prior convictions with a prison term. (§§ 667, subds. (b)-(j); 1170.12; 667.5, subd. (b).) The trial court initially granted probation. At that time the court imposed an aggregate sentence of eight years in state prison, and suspended its execution. Later, the court found Brown violated the terms of his probation, and imposed the previously pronounced sentence. Appointed counsel on appeal filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm the judgment. FACTS The Firearm Crimes On January 23, 2014, Los Angeles County Sheriff’s Department (LASD) Detective Michael Knieriem initiated a traffic stop. While talking to the driver, Detective Knieriem noticed Brown put a sweatshirt over his lap. Detective Knieriem searched Brown outside the vehicle. As Detective Knieriem was instructing Brown to spread his feet apart, there was “a loud thump on the ground,” and Detective Knieriem saw that a handgun had fallen from the waistband area of Brown’s pants.2 In February 2014, the People filed an information charging Brown as noted above. On July 16, 2014, Brown waived his constitutional rights and plead no contest to all three counts, and admitted the prior conviction allegations. In accord with the negotiated plea agreement, the trial court sentenced Brown to an eight-year term as follows: on count 1, section 29900, subdivision (a)(1), the court imposed the high term of three years, doubled to six years for a prior strike, plus two one-year terms for the prior convictions with a prison term. As to count 2, section 25400, subdivision (a)(2), and count 3, section 25850,