People v. Garcia CA2/1

Filed 6/5/23 P. v. Garcia CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.11 15.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B323594

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA129261) v.

MATTHEW ANDREW GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David C. Brougham, Judge. Affirmed. Andrew F. Alire, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

_______________________

Police officers discovered defendant Matthew Andrew Garcia at a gas station in Claremont in possession of a stolen truck, methamphetamine, and a handgun. A jury convicted Garcia of possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and three other offenses related to the incident. The trial court sentenced him to nine years and four months in prison. The attorney appointed to represent Garcia on appeal filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) raising no issues. When an attorney files such a brief, we are required to allow the defendant an opportunity to file a supplemental brief (id. at p. 439), and we must “conduct a review of the entire record” (id. at p. 441). Garcia did not file a supplemental brief, and upon review of the record, we have “found no arguable issue.” (People v. Kelly (2006) 40 Cal.4th 106, 124.) We therefore affirm the judgment. I On the evening of December 29, 2021, an automated police camera at a major intersection in Claremont captured an image of a license plate belonging to a truck that had been reported as stolen. The Claremont Police Department’s computer system alerted officers in the area, and an officer soon spotted the vehicle in question—a white Ford F-250 pickup—parked at a gas station. After waiting for backup to arrive, the officer ordered the man seated in the driver’s seat, later identified as Garcia, to put his hands up. Garcia got out of the truck holding a black backpack and fled on foot, dropping the backpack on the apron where the gas station’s driveway led out to the street. Two officers gave chase, caught up to Garcia, and detained him without further incident.