People v. Alderete CA4/2

Filed 12/16/20 P. v. Alderete CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E075366

v. (Super.Ct.No. FWV19004187)

MOSES ALDERETE, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael R. Libutti,

Judge. Affirmed.

Taylor L. Clark, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Moses Alderete was walking down the street one

December afternoon in 2019 when a Montclair police officer engaged him in

conversation. In the course of that encounter, defendant informed the officer that he was

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an “AB109” (that is, a person convicted of a crime who is under county rather than state

supervision). He agreed to a search of his person and advised the officer that he had a

knife. The search revealed an unsheathed knife approximately eight inches long in

defendant’s pocket. Defendant was arrested and charged with a violation of Penal Code1