People v. Johnson CA5

Filed 9/13/16 P. v. Johnson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F071650 Plaintiff and Respondent, (Kern Super. Ct. No. BF157516A) v.

LABRIAN TODD JOHNSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara and Colette M. Humphrey, Judges.† Jin H. Kim, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Smith, J. † Judge McNamara presided over the Penal Code section 1538.5 motion; Judge Humphrey presided over the sentencing hearing.

INTRODUCTION Appellant/defendant Labrian Todd Johnson pleaded no contest to felon in possession of a firearm and was sentenced to the lower term of 16 months. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS At 10:30 p.m. on September 20, 2014, Officers Martinez and Ornelas were on patrol in Bakersfield. A silver 2001 Pontiac Grand Prix was driving in front of their patrol car. When the car moved into the left lane, Officer Martinez saw that the center brake light was not working and believed that was a violation of Vehicle Code section 24603, subdivision (b).1 The officers conducted a traffic stop. Defendant was the driver and sole occupant.2 Officer Martinez approached the passenger side of defendant’s car and smelled the strong odor of an alcoholic beverage from inside. He saw a clear plastic cup with ice spilled on the front passenger floorboard. The officers determined defendant was on probation with search terms. Martinez asked defendant if he had anything illegal in the

1 Vehicle Code section 24603 sets forth the general requirements for a vehicle’s brake lights, also known as “stoplamps.” In a similar case, In re Justin K. (2002) 98 Cal.App.4th 695 explained that “federal safety standards require [a] car to have a supplemental stoplamp” mounted inside a vehicle’s rear window, a driver is required to maintain a car in “ ‘good working order,’ ” and the failure to do so provided an objectively legal basis for an officer’s decision to conduct a traffic stop when a vehicle’s center brake light was not working. (Id. at pp. 699–700, fn. omitted.) 2Defendant entered a plea and there was no preliminary hearing. The facts in the preceding paragraph are from the evidentiary hearing on defendant’s motion to suppress evidence.