People v. Hoyt CA3

Filed 2/1/24 P. v. Hoyt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C098737

Plaintiff and Respondent, (Super. Ct. No. CR2021-1131)

v.

CAMERON HOYT,

Defendant and Appellant.

Appointed counsel for defendant Cameron Hoyt asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We will affirm. FACTUAL AND PROCEDURAL BACKGROUND In May 2021, two police officers responded to a report of trespassing, with people sleeping in two cars parked in an empty parking lot. By the time the officers arrived, there was only one car on the property. Defendant was asleep on the driver’s side. One of the officers identified himself to defendant, and defendant gave his name and explained he had been sleeping there overnight. The officer ran a check through dispatch

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and learned defendant did not have a valid driver’s license. The check also revealed defendant was a convicted felon, and the car was not registered to defendant. When the officer asked, defendant confirmed he did not have a driver’s license or insurance. The second officer noticed the car’s rear license plate had a false registration tag. Because the registration had been expired for more than six months, the first officer decided to have the vehicle towed pursuant to Vehicle Code section 22651, subdivision (o)(1)(A). The officer asked defendant to step out of the vehicle. Defendant was reluctant but eventually complied. Before getting out of the car, defendant appeared nervous and told the officer he “had something on him.” When he eventually got out, a loaded semiautomatic handgun fell from his waistband to the ground. The officers secured the gun, placed defendant in handcuffs, arrested him, and placed him in the back of the patrol car. One of the officers searched defendant and found a plastic baggie containing what appeared to be methamphetamine. The officer later performed an initial test, and the substance tested presumptive positive for methamphetamine. The officer searched defendant’s car and did not find anything. Defendant was transported to the police station. Before the vehicle was towed, defendant’s wife arrived and retrieved some items from the car. The police officer did not offer the wife the option of receiving a ticket and driving the car away, rather than having the vehicle towed. Defendant was charged with felony possession of a controlled substance while armed with a loaded firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1), unlawful possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count 2), and unlawful possession of ammunition (Pen. Code, § 30305, subd. (a); count 3). During the October 2021 motion to suppress and preliminary hearing, one of the responding officers testified that he did not know who owned the parking lot, nor did he know who had called 911 to report trespassing. He also did not know whether the people in the parked cars (including defendant) had permission to be on the lot. Still, there was a