People v. Chann CA2/5

Filed 8/18/16 P. v. Chann CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B268223

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA101409) v.

NICH CHANN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed. Lynette G. Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Eric J. Kohm, Deputy Attorney General, for Plaintiff and Respondent. _______________________

The jury found defendant and appellant Nich Chann guilty in count 3 of possession of a firearm by a felon.1 (Pen. Code, § 29800, subd. (a).)2 The trial court sentenced defendant to three years in state prison.3 Defendant contends that there is insufficient evidence to support his conviction. We affirm the judgment.

FACTS

On the evening of February 27, 2015, Officers Henry Vong and Ryan Solorio observed a Vehicle Code violation and conducted a traffic stop of a G.M.C. Yukon driven by defendant. The Yukon had a bench front seat, with room for the driver, a middle passenger, and a passenger on the far right. A female was in the front right passenger seat of the Yukon, where she remained throughout the stop, never moving toward the center front seat. Officer Solorio entered the driver’s side door and immediately observed a pistol in plain sight in a separation between the driver’s seat and the middle seat. The pistol was “less than an arm’s reach distance” from the driver’s seat. Officer Solorio removed the pistol which was loaded with three live .22 caliber rounds. The prosecution introduced photographs depicting the firearm between the driver’s seat and the center seat. Officer Solorio confirmed that the photographs correctly reflected the firearm’s position in the vehicle. Officer Solorio performed a check on the serial number of the pistol; it was not registered to defendant or the female passenger, and was not reported stolen. The officers