Opinion
B313653
03-11-2022
THE PEOPLE, Plaintiff and Respondent, v. SALVADOR RAMIREZ, Defendant and Appellant.
Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County, No. KA123991 Douglas W. Sortino, Judge. Affirmed.
Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Respondent.
RUBIN, P. J.
Salvador Ramirez challenges the denial of his motion to suppress evidence under Penal Code section 1538.5. His appointed attorney filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, in which no issues were raised. We affirm.
Just after 10:00 p.m. on November 4, 2019, Azusa Police Officer Brandon Hildebrandt observed Ramirez turn right from the lane designated for vehicles travelling straight through a Y-intersection. Two other lanes allowed for right turns at that intersection but Ramirez was not in either of those lanes. Ramirez ran a red light when he entered the intersection.
The facts are taken from the preliminary hearing transcript, which formed the factual basis for Ramirez's plea.
Hildebrandt initiated a traffic stop. Ramirez provided the requested driver's license and proof of insurance but stated he did not have the car registration because it was registered to his brother. A records check for Ramirez's license came back negative. Hildebrandt also requested dispatch run the license plate number to determine registration but did not receive that information until after the events leading to Ramirez's arrest had occurred.
Pursuant to department policy on nighttime traffic stops, Azusa Police Department Corporal Trevor Benson arrived to provide backup. He asked Ramirez for his car keys to unlock the glove box and search for the registration. Ramirez retrieved the keys from his pocket and handed them to Benson, who gave them to Hildebrandt. Ramirez had previously refused Hildebrandt's request to search the vehicle.
Hildebrandt discovered a loaded revolver and loose bullets in the glove box. Hildebrandt asked Ramirez why he had the gun. Ramirez admitted he had been previously shot and he kept the gun for protection.
Ramirez was charged with being a felon in possession of a firearm in violation of Penal Code section 29800, subdivision (a)(1). At the preliminary hearing, Hildebrandt and Benson testified to the events as described. Defense counsel moved to suppress the evidence, arguing it was the result of an illegal search, and Ramirez was coerced into handing over the keys despite initially refusing to consent to a search. The motion was denied. The trial court found Ramirez consented to the search of the glovebox when he handed Benson the keys to it.
Ramirez thereafter pled no contest to the charge and admitted he had a prior conviction for a violation of Penal Code section 1202.5, subdivision (a)(1). The court sentenced Ramirez to four days in county jail (equivalent to Ramirez's credit for time served) and one year of probation along with various fines and fees.
Ramirez appealed and we appointed counsel. His counsel filed a brief pursuant to Wende, supra, 25 Cal.3d 436, with a declaration that he reviewed the record and sent Ramirez a letter advising him that he could file a supplemental brief. On January 11, 2022, this court sent Ramirez a letter advising him that a Wende brief had been filed and that he had 30 days to submit a brief raising any issues he wanted us to consider. Ramirez did not file a supplemental brief.
We have examined the entire record and are satisfied Ramirez's attorney fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; Wende, supra, 25 Cal.3d 436; see also People v. Webster (1991) 54 Cal.3d 411, 430 [officer who stopped vehicle for traffic infraction could remove occupants and enter vehicle for limited purpose of finding registration].)
DISPOSITION
The order is affirmed.
WE CONCUR: BAKER, J., MOOR, J.