Filed 9/29/26 P. v. Bohannon CA1/1
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE,
Plaintiff and Respondent,
A175357
v.
DUSTIN THOMAS BOHANNON, (Del Norte County
Super. Ct. No. CF259155)
Defendant and Appellant.
Defendant Dustin Thomas Bohannon pleaded guilty to one count of
carrying a loaded firearm in a vehicle (Pen. Code, § 25850, subd. (a)),1 and the
trial court sentenced him to 16 months in prison. Appellate counsel filed a
brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no
issues and requesting this court conduct an independent review of the record
to determine whether any arguable issues exist. Defendant was notified of
his right to file a supplemental brief and has not done so. Having
independently reviewed the record and discerning no arguable issues, we
affirm.
All further statutory references are to the Penal Code unless
1
otherwise indicated.
1
BACKGROUND2
In March 2025, “[police] officers made contact with the defendant who
was driving a motor vehicle in a public place, making contact with him when
he parked at the Crescent City Harbor parking lot. It was discovered that
the defendant was in possession of a loaded .22 caliber rifle, and he was
previously convicted out of Oregon in 2022 . . . .”
The Del Norte County District Attorney filed a complaint3 alleging one
count of possession of a firearm by a felon (§ 29800, subd. (a)(1)—count 1),
unlawful possession of ammunition (§ 30305, subd. (a)(1)—count 2), carrying
a loaded firearm in a vehicle (§ 25850, subd. (a)—count 3), and misdemeanor
driving when privilege suspended or revoked (Veh. Code, § 14601.1,
subd. (a)—count 4). As to count 3, it was further alleged defendant was
previously convicted of felony assault in the third degree in the State of
Oregon.
After being advised of his rights, defendant pleaded guilty to count 3—
carrying a loaded firearm in a vehicle—and admitted he suffered the prior
felony alleged in count 3, in exchange for a 16-month lid and dismissal of the
remaining counts. The trial court found defendant had made an intelligent,
knowing, and voluntary waiver of his rights. At the subsequent sentencing
hearing, the court denied probation, sentenced defendant to the low term of
16 months in prison, imposed but stayed several fines and fees, and
dismissed the remaining counts.
2 The facts are taken from the prosecution’s oral statement of the
factual basis for the plea.
3 The complaint was later deemed an information.
2
DISCUSSION
A defendant who appeals following a guilty or no contest plea without a
certificate of probable cause may only challenge the denial of a motion to
suppress or postplea matters that do not challenge the validity of the plea.
(§ 1237.5, subd. (b); see Cal. Rules of Court, rule 8.304(b)(1); People v.
Johnson (2009) 47 Cal.4th 668, 676–677.) Defendant did not request a
certificate of probable cause. Thus, our review is limited to matters occurring
after entry of the plea. (Ibid.)
Defendant’s court-appointed counsel notified him of his right to file a
supplemental brief, and defendant has not done so. The record reflects
defendant was represented by counsel and received the sentence he
bargained for under the plea agreement. Having independently reviewed the
record, we have discerned no arguable issues. (Wende, supra, 25 Cal.3d 436.)
DISPOSITION
The judgment is affirmed.
3
_________________________
Banke, Acting P. J.
We concur:
_________________________
Langhorne Wilson, J.
_________________________
Smiley, J.
A175357, People v. Bohannon
4