Fear Not Law Articles: P. v. Carroll

P. v. Carroll

Filed 5/29/07 P. v. Carroll 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent,

JOHN A. CARROLL,

Defendant and Appellant.

B193477

(Los Angeles County

Super. Ct. No. VA094242)

THE COURT:^*

John A. Carroll appeals from the judgment entered following a jury trial that resulted in his conviction of carrying a concealed dirk and dagger in violation of Penal Code section 12020, subdivision (a)(4) arising out of the following facts. On March 8, 2006, Los Angeles Deputy Sheriff Rob Poindexter conducted a traffic stop of a car in which appellant was a passenger. Appellant was arrested for possessing an open container of beer. Deputy Poindexter testified that he conducted a patdown search of appellant during which he found the weapon. He searched appellant because appellant wore a loose-fitting jacket that could have concealed a weapon; it was 2:00 a.m.; he could smell alcohol on appellants breath; and the deputies were patrolling in a gang neighborhood. Appellant was sentenced to four years in state prison. We appointed counsel to represent him on this appeal.

After examination of the record, counsel filed an Opening Brief in which no issues were raised.

On January 30, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)^{^[1]}

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

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^* BOREN, P. J., DOI TODD, J., ASHMANN-GERST, J.

^{^[1]} Appellant has filed a petition for writ of habeas corpus, VA094242. A separate order will be filed in connection with that petition.

Description	John A. Carroll appeals from the judgment entered following a jury trial that resulted in his conviction of carrying a concealed dirk and dagger in violation of Penal Code section 12020, subdivision (a)(4) arising out of the following facts. On March 8, 2006, Los Angeles Deputy Sheriff Rob Poindexter conducted a traffic stop of a car in which appellant was a passenger. Appellant was arrested for possessing an open container of beer. Deputy Poindexter testified that he conducted a patdown search of appellant during which he found the weapon. He searched appellant because appellant wore a loose fitting jacket that could have concealed a weapon; it was 2:00 a.m.; he could smell alcohol on appellants breath; and the deputies were patrolling in a gang neighborhood. Appellant was sentenced to four years in state prison. Court appointed counsel to represent him on this appeal. Court have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.
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