Opinion
B332689
08-21-2024
THE PEOPLE, Plaintiff and Respondent, v. BENJAMIN DELACRUZ, Defendant and Appellant.
Esther R. Sorkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
Appeal from an order of the Superior Court of Los Angeles County, No. SA105384 Manuel Almada, Judge. Affirmed.
Esther R. Sorkin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
CURREY, P. J.
INTRODUCTION AND PROCEDURAL BACKGROUND
In 2023, a jury convicted defendant and appellant Benjamin Delacruz of possession of a firearm by a felon. (Pen Code, § 29800, subd. (a)(1).) The jury acquitted him of misdemeanor driving on a suspended or revoked license. (Veh. Code, § 14601.1, subd. (a).) The trial court sentenced him to an upper term of three years in state prison. Delacruz timely appealed, and we appointed counsel to represent him. On February 23, 2024, appellate counsel filed a brief raising no issues and asking us to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Delacruz did not respond to our letter advising him of his right to file supplemental briefing. Following our review of the record pursuant to Wende, we affirm.
All undesignated statutory references are to the Penal Code.
FACTUAL BACKGROUND
George Buhkin of the Hawthorne Police Department was on patrol on October 8, 2021, when he recognized Delacruz driving the car in front of him. Buhkin had come in contact with Delacruz numerous times in the past. Delacruz's car was missing a front license plate, and Buhkin knew Delacruz's license had been suspended, so he decided to conduct a traffic stop. Buhkin made a U-turn to catch up to Delacruz, but Delacruz ignored a red light and turned onto another street.
After Delacruz made the turn, Buhkin saw Delacruz throw an object out of his car, which made a spark when it hit the ground. Buhkin thought the object looked like a gun. Buhkin informed dispatch Delacruz had just thrown a gun out of his window. Delacruz continued driving, failed to stop at a stop sign, then stopped his car about a block away from where he threw the gun.
Another officer, Verron Shimaoka, found the gun in the parking lot where Delacruz had thrown it. The gun was a loaded semi-automatic. It had markings and scrapes on it that were consistent with it hitting the asphalt.
DISCUSSION
We have examined the entire record, and are satisfied no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 278279; Wende, supra, 25 Cal.3d at p. 443.)
DISPOSITION
The judgment is affirmed.
We concur: MORI, J., ZUKIN, J.