People v. Wallace CA1/4

Filed 5/31/23 P. v. Wallace CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A166462 v. CLINTON D. WALLACE, (Solano County Super. Ct. No. VCR238974) Defendant and Appellant.

A jury convicted Clinton D. Wallace of three counts of being a felon in possession of a firearm (Pen. Code1, § 29800, subd. (a)(1)) and one count of being a felon in possession of ammunition (§ 30305, subd. (a)(1)). Wallace claims on appeal that insufficient evidence supports these convictions. He also argues that his statement regarding his place of employment was obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), and should not have been used against him at trial. Finding no reversible error, we will affirm. BACKGROUND The Bureau of Gambling Control for the California Department of Justice (DOJ) received information regarding an illegal gambling

All further statutory references are to the Penal Code unless 1

otherwise indicated.

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operation at 2408 Sacramento Street in Vallejo, California. Sources referred to the gambling establishment as “the Buy Zone.” On December 15, 2021, at about 9:00 a.m., DOJ agents executed a search warrant at the property. Inside the main building on the property, agents found evidence of gambling operations, as well as three females, including Erika Montero, the alleged manager of the operation, and Denise Helmeci. There was also an outbuilding on the property that was about 50 feet long and 20 feet wide. Agents knocked on the front of the outbuilding and announced they were executing a search warrant. About 45 seconds later, Wallace “stumbled out of a back bedroom area” of the outbuilding. Another person, Elijah Abeyta, came out as well. Upon entry, agents found no other people. The outbuilding appeared to be converted into a living dwelling, with a small living room area, an area that appeared designed as a bedroom, a bathroom, and a kitchenette. The place was messy, and there were bags of clothes and other items strewn throughout the building. There was old food in the kitchenette. In the rear of the bedroom, there were many bags, primarily containing baby and women’s clothes. On or near a television stand in the front living room area of the outbuilding, agents found the following: (1) a loaded shotgun; (2) an unloaded shotgun; and (3) a lower-receiver for an AR-15 style rifle. The loaded shotgun was behind a rug that had been nailed to the wall next to the television stand. The unloaded shotgun was in the bottom, slightly ajar drawer of the television stand. The lower receiver was in a bag on the top shelf of the television stand. This bag also contained