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People v. Collazo

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Jan 18, 2012
D059256 (Cal. Ct. App. Jan. 18, 2012)

Opinion

D059256

01-18-2012

THE PEOPLE, Plaintiff and Respondent, v. ROBERT ANDREW COLLAZO, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. SCD230009)

APPEAL from a judgment of the Superior Court of San Diego County, Laura H. Parsky, Judge. Affirmed.

Robert Andrew Collazo appeals after a jury found him guilty of possessing a firearm while possessing a controlled substance, being a felon in possession of a firearm and possessing a controlled substance. His court-appointed counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We find no arguable issue and affirm.

FACTUAL AND PROCEDURAL HISTORY

On the evening of September 29, 2010, San Diego Police Officer Blake Williams was on patrol when he stopped a white Oldsmobile with a placard covering the rear license plate. Michael Anderson was the driver and Collazo was in the front passenger seat holding a wallet, camera bag and a bag of tobacco. Officer Williams determined that Anderson had a suspended or revoked license and that the registration on the car had expired. Anderson gave Officer Williams permission to search the car. When Officer Williams asked Collazo to step outside the car, he became extremely uncooperative and argumentative. Eventually, Collazo got out of the car and Officer Williams informed Collazo that he would conduct a pat down for officer safety; however, Collazo refused to be patted down.

Due to Collazo's behavior, Officer Williams had Collazo sit in the car and called for a cover unit. When San Diego Police Sergeant Bruce Pendleton arrived, Collazo calmly but adamantly stated that he was not a "fourth waiver" and could not be searched or patted down. Sergeant Pendleton believed he then told Collazo to simply lift his shirt, but Collazo refused. Eventually, Collazo complied with Sergeant Pendleton's commands to step out of the car.

As Collazo stepped out of the car he reached in the direction of his waistband. Officer Williams eventually handcuffed Collazo, discovered a loaded revolver on Collazo and placed him under arrest. Officer Williams then recovered a Vicodin (hydrocodone) pill from Collazo's pants pocket and Sergeant Pendleton located methamphetamine in the camera bag, small pieces of cellophane and a small portable scale.

An information charged Collazo with possessing a firearm while possessing a controlled substance (count 1), being a felon in possession of a firearm (count 2), possessing hydrocodone (count 3) and possessing methamphetamine (count 4). It also alleged that Collazo had suffered eight probation denial prior convictions and six prison priors. Collazo testified in his own defense, claiming that the gun came from Anderson's trailer and he believed Anderson would hurt or kill himself because he was despondent about his mother's death, losing the trailer and a medical condition that left him in constant pain. Anderson also testified and corroborated many of Collazo's statements.

A jury found Collazo guilty on counts 1, 2 and 3. There was no verdict on count 4 as it was a lesser included offense of count 1. After Collazo admitted the six prison priors, the court sentenced him to a total of six years in prison, consisting of the mid-term of three years on count 1, the mid-term of two years on counts 2 and 3, but stayed the sentence on counts 2 and 3 under Penal Code section 654. It also imposed consecutive one-year terms for the six prison priors, but exercised its discretion to strike the punishment on three of the prison priors under Penal Code section 1385, subdivision (c)(1).

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presented no argument for reversal, but asked this court to review the record for error, listing as possible but not arguable issues, whether the trial court abused its discretion by denying Collazo's request for a continuance on the day of trial (a) to obtain private counsel, or (b) based on a discovery violation. We granted Collazo permission to file a brief on his own behalf. He has not responded.

Our review of the record pursuant to Wende, including the possible issues listed by counsel pursuant to Anders, has disclosed no reasonably arguable issues on appeal. Competent counsel has represented Collazo on this appeal.

DISPOSITION

The judgment is affirmed

MCINTYRE, J.

WE CONCUR:

BENKE, Acting P. J.

HALLER, J.


Summaries of

People v. Collazo

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Jan 18, 2012
D059256 (Cal. Ct. App. Jan. 18, 2012)
Case details for

People v. Collazo

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ROBERT ANDREW COLLAZO, Defendant…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Jan 18, 2012

Citations

D059256 (Cal. Ct. App. Jan. 18, 2012)