P. v. Flynn CA1/3

Filed 3/7/13 P. v. Flynn CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A136137 v. MARK FLYNN, (Solano County Super. Ct. No. VCR207959) Defendant and Appellant.

Defendant Mark Flynn appeals from his convictions for possession of methamphetamine and unlawful possession of a firearm, based upon his no contest plea entered after the trial court denied his motion to suppress evidence. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 raising no issues. Defendant was notified of his right to file a supplemental brief and has done so, identifying four potential errors in the trial court proceedings. Upon independent review of the record, we conclude that no issues are presented that justify further argument, and shall affirm the judgment. Factual and Procedural History On January 25, 2011, defendant was charged by information with one count of possession of a loaded handgun and methamphetamine (Health & Saf. Code, § 11370.1, subd. (a)), one count of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), one count of carrying a concealed firearm in a car (Pen. Code, § 12025, subd. (a)(1)), one count of carrying a loaded, unregistered firearm (Pen. Code, § 12031,

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subd. (a)(1)), three counts of being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)), and one count of being a felon in possession of ammunition (Pen. Code, § 12316, subd. (b)(1)). On January 6, 2012, defendant moved to suppress evidence pursuant to Penal Code section 1538.5. The following testimony was offered at the hearing on the motion to suppress: Solano County Deputy Sheriff Jaime Garcia was on patrol on June 29, 2010, with his partner, Deputy Cliff Hirl. At 10:15 p.m., he noticed a black truck traveling in the opposite direction. When the cars passed, Garcia observed in his rearview mirror that the rear running lights on the truck were not on. Believing this was a violation of Vehicle Code section 24600, he turned the patrol car around and followed the truck. As he approached the truck from behind, Garcia also noticed that a tow ball was blocking one number on the rear license plate. Garcia believed that this was a violation of section 5201 of the Vehicle Code and initiated a traffic stop for the two violations. Garcia approached the driver’s side of the vehicle and his partner, Deputy Hirl, approached the passenger side. Defendant was the only occupant of the truck. As Garcia was explaining the reason for the stop, Hirl told him to have defendant get out of the truck. Hirl then told Garcia that he had spotted the barrel of a rifle in the passenger compartment approximately one foot from defendant. Hirl explained to the court that because defendant was seated next to the rifle and it was unknown whether it was loaded, he requested that his partner have defendant get out of the truck. After defendant exited the vehicle, Hirl asked defendant if he had anything in his pockets that should be of concern. Defendant told the officer that he had a knife in his pocket. As Hirl pulled the knife from the pocket indicated by defendant, a small plastic ziploc bag containing what he believed to be methamphetamine residue and some nine- millimeter handgun rounds came out as well. Hirl then conducted a full search of defendant to locate any weapon that would use the ammunition and to look for more methamphetamine. In defendant’s right front pocket, Hirl found another plastic baggie with suspected marijuana and an Altoids container that contained methamphetamine.