People v. Sidhu CA5

Filed 4/12/23 P. v. Sidhu CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F083564 Plaintiff and Respondent, (Super. Ct. No. BF172396B) v.

MANPREET SINGH SIDHU, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Colette M Humphrey, Michael E. Dellostritto, David R. Zulfa, and Charles R. Brehmer, Judges.

Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Smith, J. and De Santos, J.

Manpreet Singh Sidhu (defendant) appeals from a judgment of conviction on counts of first degree murder and conspiracy to commit murder. His appointed appellate counsel makes no claims of error and asks this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Defendant has been advised of his right to make supplemental contentions and he has filed a letter. We detect no arguable issues and therefore affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On the morning of January 16, 2018, a California Highway Patrol officer was patrolling State Route 65 near James Road on the outskirts north of Bakersfield. Shortly before 7:00 a.m., the officer initiated a traffic stop of a white GMC Yukon traveling southbound at 74 mph in a 55 mph zone. A portion of the vehicle had been spray-painted black, and it had a paper “dealer plate” advertising the name of an automotive business. The driver of the Yukon was Adam Barness, a resident of Los Angeles County. He was accompanied by defendant, who occupied a rear passenger seat. There was a third person in the front passenger seat. Barness claimed to have left his wallet at home and was unable to produce any documentation for the vehicle. The officer asked, “Where are you guys coming from?” Barness replied, “Los Angeles.” When the officer pointed out the inconsistency in their direction of travel, Barness and defendant made statements indicating that they had recently turned around in search of a gas station. The officer located the vehicle identification number (VIN) and returned to his patrol car to perform a VIN check. He discovered the GMC Yukon had been reported stolen in Los Angeles approximately five weeks earlier. Following the arrival of backup officers, Barness and defendant were ordered out of the vehicle and arrested. The man in the front passenger seat (the victim) failed to respond to verbal commands. The officers soon realized the victim was dead. A Mobile Video/Audio Recording System (MVARS) recorded one officer commenting that rigor mortis had already set in.