People v. Luevano CA5

Filed 9/8/16 P. v. Luevano CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F071400 Plaintiff and Respondent, (Super. Ct. No. BF155905A) v.

RICHARD THOMAS LUEVANO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Franson, J.

A jury convicted appellant Richard Thomas Luevano of unlawful possession of a firearm (count 1/Pen. Code, § 29800, subd. (a)(1)),1 carrying a loaded firearm (count 2/ § 25850, subd. (c)(6)), and misdemeanor resisting arrest (count 3/§ 148, subd. (a)). In a separate proceeding, the court found true four prior prison term enhancements (§ 667.5, subd. (b)), and allegations that Luevano had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). On April 8, 2015, the court sentenced Luevano to an aggregate term of eight years; a doubled, aggravated term of six years; and two one-year prior prison term enhancements. On appeal, Luevano contends the court committed Brady2 error. We affirm. FACTS The Trial On July 6, 2014, at approximately 10:06 p.m., Bakersfield Police Officers Keegan Gavin and Chad Garrett were on patrol traveling eastbound on Water Street. As they approached a house located at 700 Water Street3 (the 700 house), Officer Garrett used a spotlight to illuminate Luevano, Leonardo Fernandez, and Dayana Estrada, who were standing in front of the house. When Luevano turned to face the officers, Officer Garrett recognized him as someone who had numerous outstanding felony warrants. Luevano ran into the house through the front door and Officer Gavin ran north along Baker Street and stopped by a chain-link fence bordering the house to set up a perimeter. Officer Gavin saw Luevano run out of the house through a door that faced west with his right hand under his shirt at his waistband. Gavin yelled out several times identifying himself