People v. Orozco CA5

Filed 2/26/13 P. v. Orozco 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F062311

v. (Super. Ct. No. BF127437A)

MARGARITO OROZCO, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Sidney P. Chapin, Judge. Kari E. Hong, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Poochigian, Acting P.J., Detjen, J., and Franson, J.

On August 16, 2010, appellant, Margarito Orozco, pled no contest to driving with a suspended license (count 2/Veh. Code, § 14601.1). On February 17, 2011, after a bench trial, the court found Orozco guilty of being a felon in possession of ammunition (count 1/Pen. Code, § 12316, subd. (b)(1)) and found true three prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). On March 18, 2011, the court sentenced Orozco to an aggregate five-year term, the mid-term of two years on the substantive offense and three one-year prior prison term enhancements. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. FACTUAL AND PROCEDURAL HISTORY On March 30, 2009, just after midnight, Bakersfield Police Officer Allen Ronk was on patrol with Officer Dean Barthelmes when he stopped a car driven by Orozco because it had a license plate that belonged to a different vehicle and the registration tag on the plate was expired. When Ronk asked Orozco for his driver‟s license, Orozco informed him that it was suspended. After running Orozco‟s license and confirming that it was suspended, Officer Ronk impounded the vehicle and conducted an inventory search. During the search, Officer Ronk found two .22-caliber cartridges on top of the center console and two more on the front passenger‟s floorboard just right of the console. Underneath the front passenger seat Ronk found a .357 sig semiautomatic magazine. After he was arrested, Orozco told Ronk that earlier that day he had been shooting rabbits with his friends and that he took the ammunition because he was going to destroy it. On October 28, 2010, the prosecutor filed an information charging Orozco with driving with a suspended license with priors, possession of ammunition by a felon, and three prior prison term enhancements. On August 16, 2009, Orozco pled no contest to driving with a suspended license.