People v. Villela CA2/7

Filed 4/12/21 P. v. Villela CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B306741

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA150802-02) v.

GEOVANNY VILLELA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teresa T. Sullivan, Judge. Affirmed. Glenn L. Savard, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

Geovanny Villela appeals the superior court’s order revoking his probation and sentencing him to two years in state prison for second degree robbery after finding he had violated the conditions of his probation by being in possession of a loaded firearm. No arguable issues have been identified following review of the record by Villela’s appointed appellate counsel or our own independent review. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Pursuant to a negotiated agreement Villela pleaded no contest in August 2019 to one count of second degree robbery. (Pen. Code, § 211.) Imposition of sentence was suspended, and Villela was placed on three years of formal probation with various conditions, including that he serve 365 days in county jail and obey all laws and court orders. On May 22, 2020 Villela was arrested for being a felon in possession of a handgun. (Pen. Code, § 29800.) His probation was provisionally revoked, and a probation revocation hearing was set to be heard concurrently with the preliminary hearing on the new criminal charge. At the outset of the hearing Villela moved pursuant to Penal Code section 1538.5 to suppress the firearm evidence as the product of an illegal search and seizure. According to the evidence introduced at the hearing, which included police bodycam footage, two Los Angeles police officers initiated a traffic stop of the car in which Villela was a passenger for not having a front license plate. One of the officers testified he smelled burnt marijuana as he approached the car. He asked the driver if he had marijuana in his possession; the driver responded he had a small amount and showed the officer a small closed container that the driver said contained less than an ounce of marijuana.