People v. Perez CA2/2

Filed 3/9/23 P. v. Perez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B319913

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA128785) v.

ARMANDO PEREZ,

Defendant and Appellant.

APPEAL from the order of the Superior Court of Los Angeles County, Christian R. Gullon, Judge. Reversed.

Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant

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Attorney General, Kenneth C. Byrne and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

****** Armando Perez (defendant) pleaded no contest to one count of being a felon in possession of a firearm (Pen. Code, § 29800).1 By virtue of that plea, defendant was statutorily required to relinquish any firearms he owned or controlled and complete a Prohibited Persons Relinquishment Form (the Form) attesting to the relinquishment of the firearms or, if they have not been relinquished, describing the firearms and providing information about their current locations. (§ 29810, subds. (a)(1), (b)(3).) The failure to fill out the form is an infraction punishable with a $100 fine. (Id., subd. (c)(5).) When defendant refused to complete the Form, the trial court summarily imposed a $100 fine. Because the trial court’s actions violate the separation of powers, as recognized in People v. Villatoro (2020) 44 Cal.App.5th 365 (Villatoro), we are compelled to reverse the order imposing that fine. FACTS AND PROCEDURAL BACKGROUND On October 15, 2021, a peace officer pulled over a car for a moving violation. Defendant was the driver and sole occupant. After defendant reported that he was already on probation, the officer did a “probation . . . search” of the vehicle and found a loaded firearm secreted in the center console. The People charged defendant with being a felon in possession of a firearm, and alleged his 2017 federal conviction for importing methamphetamine (21 U.S.C. § 952) as the prior