People v. Farmer CA4/2

Filed 2/26/13 P. v. Farmer 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E056476

v. (Super.Ct.No. FBA1100513)

DANIEL THOMAS FARMER, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. John B. Gibson,

Judge. Affirmed as modified.

Jeanne C. Vanderhoff, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Daniel Thomas Farmer was charged by information with

discharging a firearm with gross negligence (Pen. Code,1 § 246.3, subd. (a), count 1),

possession of an assault weapon (§ 12280, subd. (b), count 2), and possession of a large

capacity magazine (§ 12020, subd. (a)(2), count 3). Defendant filed a motion to suppress

evidence that was seized after an illegal patdown search. (§ 1538.5.) A trial court denied

the motion. Defendant renewed the motion in conjunction with a motion to dismiss.