v. Salazar
Filed 7/9/12 P. v. Salazar CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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
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IN THE COURT OF APPEAL OF THE STATE OF
CALIFORNIA
FIFTH APPELLATE
DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
SAUL DELATORRE
SALAZAR, JR.,
Defendant and Appellant.
F063464
(Super. Ct. No. BF132119A)
THE COURT
APPEAL
from a judgment of the Superior Court of
Carol
Foster, under appointment by the Court of Appeal, for Defendant and Appellant.
Office
of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
Appellant, Saul Delatorre Salazar,
Jr., pled no contest to being a felon in possession
of a firearm (Pen. Code, § 12021, subd. (a)(1))
term enhancement (§ 667.5, subd. (b)).
Following independent review of
the record pursuant to People v. Wende
(1979) 25 Cal.3d 436 (Wende), we
affirm.
FACTUAL AND PROCEDURAL HISTORY
On
April 21, 2010, at approximately 11:15 p.m., Highway Patrol Officer Phillip
Kasinger and his partner were on patrol traveling westbound on Highway 58 in
Kern County when they saw Salazar’s vehicle with its hazard lights on stopped
on the shoulder at an exit. After
stopping, Officer Kasinger contacted Salazar as Salazar stepped out of his
vehicle through the driver’s door.
Kasinger smelled alcohol on Salazar’s breath and decided to conduct a
driving under the influence (DUI) investigation. Kasinger placed Salazar in the back of the
patrol car in order to drive Salazar’s vehicle to a safe location. Upon entering Salazar’s car, Kasinger smelled
an odor of marijuana inside. After
driving the vehicle to a safer location, Kasinger searched the passenger
compartment while his partner completed the DUI investigation. In the glove compartment Kasinger found a box
containing .38-caliber ammunition. Under
the bench seat Kasinger found a Marlin rifle with the butt sticking out from
under the seat. The rifle had an expended
round in the chamber and four live rounds in the ignition to the lever
action.
After
Kasinger’s partner completed the DUI investigation, Kasinger attempted to ask
Salazar some questions, but he ran away.
Salazar was arrested on April 23, 2010.
On August 10,
2010, the district attorney filed an information charging Salazar with
possession of a firearm by a felon (count 1), possession of ammunition by a
felon (§ 12316, subd. (b)(1)), possession
of a concealable firearm in a vehicle (§ 12025, subd. (a)(1)), and
resisting arrest (§ 148, subd. (a)(1)).
The information also charged Salazar with a prior prison term
enhancement and alleged that he had a prior conviction within the meaning of
the three strikes law (§ 667, subd. (b)-(i)).
On March 4,
2011, defense counsel filed a suppression motion.
On July 11,
2011, the court denied Salazar’s suppression motion.
On July 22,
2011, Salazar pled no contest with a Cruz
firearm by a felon charge and admitted the prior prison term enhancement in
exchange for the dismissal of the remaining counts.
until he was sentenced on September 22, 2012.
If he returned on that date and had not committed any new felonies or
misdemeanors, the court would strike the prior prison term enhancement and
sentence him to the middle term of two years on his felon in possession of a
firearm offense. If he did not return on
that date or he committed any new misdemeanor or felony offense, the court
would sentence him to an aggregate four-year term, the aggravated term of three
years on the substantive offense and a one-year prior prison term
enhancement.
In August 2011,
Salazar was arrested for and pled to one count of misdemeanor petty theft,
thereby violating the terms of his plea bargain.
On September 22,
2011, the court sentenced Salazar to an aggregate four-year term, the
aggravated term of three years on his possession of a firearm by a felon
conviction and a one-year prior prison term enhancement.
Salazar’s
appellate counsel has filed a brief which summarizes the facts, with citations
to the record, raises no issues, and asks this court to
supra, 25 Cal.3d 436.) Salazar has not responded to this court’s
invitation to submit additional briefing.
Following
an independent review of the record we find that no reasonably
DISPOSITION
The judgment is
affirmed.
Cornell, Acting P.J., Poochigian, J., and Franson, J.
further statutory references are to the Penal Code.
