People v. Brink CA2/2

Filed 12/21/23 P. v. Brink CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B326981

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA507005) v.

SEAN BRINK,

Defendant and Appellant.

THE COURT: Sean Brink appeals an order denying his motion to suppress evidence following the entry of a plea of no contest to one count of possession of a firearm by a felon in violation of Penal Code1 section 29800, subdivision (a)(1). (§ 1538.5, subd. (m); California Rules of Court, rule 8.304(b)(2)(A).) We appointed counsel to represent Brink on appeal. After examination of the

1 Undesignated statutory references are to the Penal Code.

record, counsel filed an opening brief raising no issues and asking this court to independently review the record. BACKGROUND On July 7, 2022, Los Angeles Police Officer Daniel Cardenas and his partner Officer Moran stopped appellant for riding a motorized scooter on the sidewalk in violation of the Vehicle Code. Officer Cardenas told appellant why he was being stopped and asked him to remove the backpack he was wearing. As appellant complied, the officer saw what he believed to be a pocketknife in appellant’s back pocket. Officer Cardenas was acquainted with appellant from prior contacts and knew him to be an active member of a criminal street gang who had been armed with pocketknives in the past. For officer safety, Officer Cardenas removed the pocketknife from appellant’s pocket and immediately determined it was an illegal switchblade. At that point, Officer Cardenas intended to arrest appellant. While Officer Cardenas was securing the backpack and switchblade in the police vehicle, his partner patted appellant down for additional weapons. Officer Moran alerted Officer Cardenas that he felt something hard in appellant’s right groin area. Appellant became agitated, and the officers placed him in handcuffs. As Officer Cardenas continued the pat down, he felt what he immediately recognized as the barrel of a firearm. Officer Cardenas then removed a loaded semi-automatic nine- millimeter handgun from appellant’s pants. An information charged appellant with one count of possession of a firearm by a felon (§ 29800, subd. (a)(1); count 1), possession of ammunition by a felon (§ 30305, subd. (a)(1); count 2), and unlawful possession of a dirk or dagger (§ 21310; count 3). As to all counts the information further alleged unsatisfactory