People v. Bowen CA3

Filed 6/29/22 P. v. Bowen CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C094756

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FE- 2020-0007369) v.

CHRISTOPHER BOWEN,

Defendant and Appellant.

Appointed counsel for defendant Christopher Bowen has asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Our review of the record has disclosed the omission of certain items from the minute order following sentencing, as well as the assessment of a fee that has become unenforceable under Penal Code section 1465.9, subdivision (b).1 We will direct the trial court to amend the minute order and vacate any

1 Subsequent undesignated statutory references are to the Penal Code.

1

remaining portions of the unenforceable fee. Finding no other arguable errors favorable to defendant, we will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND The People’s complaint charged defendant with being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 1), being a felon in possession of ammunition (§ 30305, subd. (a)(1); count 2), carrying a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count 3), and carrying a loaded firearm in public (§ 25850, subd. (a); count 4). The complaint further alleged as to all counts that defendant had previously suffered a serious felony conviction (§§ 667, subd. (d), 1170.12, subd. (b)), to wit, his conviction for robbery (§ 211) in 2007. On November 9, 2020, defendant filed a motion to suppress (§ 1538.5) all evidence incident to the traffic stop, his detention, and warrantless search of his vehicle, which was heard contemporaneously with the preliminary hearing. Testimony elicited at that hearing established that a witness called 911 and reported seeing a driver waiving and pointing a handgun at another driver. That witness provided a description of the vehicle (including the license plate) and the driver, as well as the location of the incident.2 Based upon this report, officers located the vehicle (which defendant was driving), conducted a traffic stop, ordered defendant out of the car, and detained him in the back of their patrol car. Defendant told one of the officers he was on parole, and another officer conducted a parole search of the vehicle, locating a loaded semiautomatic pistol under the driver’s seat beneath a black beanie. One of the officers arrested