People v. Sanchez CA2/2

Filed 6/23/22 P. v. Sanchez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B316100

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA494189) v.

FERNANDO SANCHEZ,

Defendant and Appellant.

THE COURT:

Fernando Sanchez (defendant) appeals following his conviction for possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)).1 Before he pleaded nolo contendere,

1 All further statutory references are to the Penal Code unless otherwise indicated.

defendant moved to suppress evidence of the firearm. The trial court denied the motion. After review of the record, defendant’s court-appointed counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have reviewed the record and see no arguable error that would result in a determination more favorable to defendant. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Facts A. The encounter and arrest On the evening of March 18, 2021, defendant, his girlfriend, and her baby were standing next to defendant’s car on the street. Los Angeles Police Department (LAPD) Officer Kenny Pintado was driving a patrol car; also in the car were his partner, LAPD Officer Arnold Nerio, and Probation Officer Kenneth Huang. The police officers recognized defendant from prior interactions. Officer Pintado pulled the patrol car to within a few feet of defendant, and both police officers engaged him in conversation while they remained seated in the patrol car. As the conversation progressed, defendant “got nervous,” “started stuttering” “slightly,” and then started “looking side to side” while “backing away from [the police] vehicle.” When Officer Pintado asked defendant to “lift up [his] shirt,” defendant refused, announced he did not have a weapon on him, backed away further and then grabbed his waistband. Officer Pintado then asked if defendant was going to make the officers get out of the car; defendant responded, “Yes,” and took off running down the street.