People v. Pacheco CA2/3

Filed 4/13/23 P. v. Pacheco 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B320895

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA149403 v.

MICHAEL PACHECO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lee W. Tsao, Judge. Affirmed. Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Michael Louis Pacheco, Jr. appeals from a judgment after he was convicted of unlawful possession of ammunition in violation of Penal Code1 section 30305, subdivision (a)(1), and possession of a firearm by a felon in violation of section 29800, subdivision (a)(1). We affirm.

BACKGROUND

By an amended and renumbered information dated April 11, 2022, Pacheco was charged with six crimes: unlawful possession of ammunition (§ 30305, subd. (a)(1); count 1); making, possessing or trafficking in incomplete access cards or card-making equipment (§ 484i, subd. (c); count 2); receiving stolen property not exceeding $950 in value (§ 496, subd. (a); count 3); possession of a firearm by a felon (§ 29800, subd. (a)(1); count 4); possessing a controlled substance (Health & Saf. Code, § 11377; count 5); and possession for sale of a controlled substance (Health & Saf. Code, § 11350; count 6). Counts 1, 2, and 4 were charged as felonies; counts 3, 5, and 6 were charged as misdemeanors. On the first day of trial, Pacheco admitted a prior strike conviction of voluntary manslaughter. Whittier Police Department Sergeant Jose Escobedo testified that he assisted in executing a search warrant on December 5, 2018, at 9124 Danby Avenue in the City of Santa Fe Springs (the residence). A short time after Escobedo and others knocked on the door, Pacheco left the residence and was handcuffed. After he was provided with a