People v. Vasquez CA2/6

Filed 10/17/22 P. v. Vasquez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B315878 (Super. Ct. No. 2021018988) Plaintiff and Respondent, (Ventura County)

v.

MIGUEL ANGEL VASQUEZ,

Defendant and Appellant.

Miguel Angel Vasquez purports to appeal from the sentence imposed after he pled guilty to being a felon in possession of a firearm and in possession of ammunition. (Pen. Code, §§ 29900, subd. (a)(1), 30305 subd. (a)(1).)1 Vasquez was on bail at the time of the offense. (§ 12022.1, subd. (b).) The trial court sentenced him to an aggregate term in prison of seven years, four months, imposing consecutive terms for possession of the firearm and of the ammunition, plus a two-year term for the on-bail enhancement.

1 All further statutory references are to the Penal Code.

Appellant contends the term imposed for possession of ammunition should have been stayed pursuant to section 654 because all of the ammunition he possessed was loaded in the firearm. (See, e.g., People v. Sok (2010) 181 Cal.App.4th 88, 100 [sentence for possession of ammunition stayed under section 654 where ammunition was either loaded into unlawfully possessed firearm or fired from it].) Respondent contends the appeal should be dismissed because appellant failed to obtain a certificate of probable cause. (§ 1237.5, subd. (b).) We agree. This appeal challenges the validity of appellant’s plea because he contends the trial court lacked authority under section 654 to impose the agreed-upon sentence. Because he is challenging the validity of his plea, appellant was required to obtain a certificate of probable cause. He did not. This appeal must be dismissed. Facts and Procedural History Police stopped a vehicle being driven by appellant. One of the passengers was on probation. Police searched the vehicle pursuant to search terms applicable to the passenger and found a loaded firearm in the vehicle’s center console. At the time of his arrest on these charges, appellant had one prior felony strike conviction and was awaiting sentencing in two other cases in which he had entered guilty pleas. In People v. Vasquez (Super. Ct. Ventura County, 2021, No. 2020029377), appellant pleaded guilty to two felonies, assault with a deadly weapon (§245, subd. (a)(1)) and vandalism. (§594, subd. (b)(2)(A).) In People v. Vasquez (Super. Ct. Ventura County, 2021, No. 2020033828), appellant pleaded guilty to two misdemeanors, resisting an officer (§148, subd. (a)(1)) and violation of a protective order. (§273.6, subd. (a).)