P. v. Shack CA2/3

Filed 5/29/13 P. v. Shack CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B245129

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA392604) v.

WILLIAM EDWARD SHACK,

Defendant and Appellant.

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

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

William Edward Shack appeals from the judgment entered following his pleas of guilty to having a concealed firearm in a vehicle (Pen. Code, § 25400, subd. (a)(1))1 and carrying an unregistered, loaded handgun (§ 25850, subd. (a)). The trial court suspended imposition of sentence and placed Shack on three years formal probation, one condition of which was that he serve 180 days in county jail. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts.2 At approximately 10:45 a.m. on January 7, 2012, Los Angeles Police Officer Paris Archundia and her partner, Officer Juan Guerrero, were on patrol in a marked patrol car on Main Street in the City of Los Angeles. Guerrero was driving the car and Archundia was riding as the passenger. As the officers approached 69th Street, they noticed a brown Chevrolet Impala being driven with no front license plate in violation of Vehicle Code section 5200, subdivision (a). Archundia and Guerrero decided to conduct a traffic stop and Guerrero activated the patrol car’s lights and siren. While Archundia and Guerrero were still in their patrol car, Shack, who was driving, stopped the Impala in front of a Winchell’s donut shop and “immediately” got out. As Guerrero got out of the patrol car, Shack began to walk toward him. Although he seemed “[a] bit flustered” and a “little nervous,” Shack asked “ ‘What did I do, officer?’ ” Guerrero ordered Shack to “stop walking” and to “put his hands on top of his head.” Shack was cooperative and complied with the officer’s order. Guerrero asked Shack if “he [had] anything he should not have on him” and Shack indicated that he had two bags of marijuana in his front pants pocket.3 Guerrero retrieved the marijuana,