P. v. Aguirre CA2/2

Filed 4/16/13 P. v. Aguirre CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B221110

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA064250) v.

AURELIO CONSTANTINO AGUIRRE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Kathryne A. Stoltz, Judge. Affirmed.

Kevin S. Lacey, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Lawrence M. Daniels and Eric E. Reynolds, Deputy Attorneys General, for Plaintiff and Respondent.

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Aurelio Constantino Aguirre (Aguirre) appeals from the judgment convicting him of possession of a firearm by a felon in violation of Penal Code section 12021, subdivision (a)(1)1 (count 1) and possession of ammunition in violation of section 12316, subdivision (b)(1) (count 2). He contends that the handgun and ammunition he was charged with possessing should have been suppressed because they were discovered during an illegal traffic stop. We find no error and affirm. FACTS In the late afternoon of March 1, 2009, Officer Timo Peltonen and Officer Cesar Flores of the Los Angeles Police Department were in a marked black and white patrol vehicle facing westbound on Fillmore Street. Officer Peltonen was at the wheel. From a couple hundred feet away, he noticed a black Dodge Charger (the Charger) heading northbound on Glenoaks Boulevard. The Charger did not have a front license plate. It was occupied by male Hispanics. Officer Peltonen followed the Charger but did not engage the patrol vehicle‟s lights. He observed that the Charger‟s left front and left rear tire went over the double yellow lines and into the opposing lanes of traffic on two occasions within a couple of blocks. Each time, it took a second or two for the Charger to cross back over the lines. He initiated a traffic stop. The Charger pulled over to the right-hand curb. Officer Peltonen approached the driver, Mr. Luna, and Officer Flores approached Aguirre, who was sitting in the front passenger seat. Mr. Luna said that he had owned the Charger for a year and simply did not have the “plates.” Officer Flores observed the butt of a revolver sticking out of the right pocket of Aguirre‟s shorts and retrieved the weapon. Subsequently, Officer Peltonen observed a second firearm in the passenger door‟s storage compartment and recovered it. Both weapons were loaded.