Opinion
NOT TO BE PUBLISHED
Super. Ct. No. TA086452-01, Los Angeles County, Jerry E. Johnson, Judge
Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
GILBERT, P.J.
John Jaramillo appeals a judgment after conviction of possession of a firearm by a felon, with findings of a prior serious felony conviction and the service of two prior prison terms. (Pen. Code, §§ 12021, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), & 667.5, subd. (b).) We appointed counsel to represent him in this appeal. After counsel's examination of the record, she filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.)
All statutory references are to the Penal Code.
On July 23, 2007, we advised Jaramillo that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have received a response from him contending that: 1) the search warrant may have been issued without legal cause; 2) he did not possess the keys to the locked toolbox and a videotape of the execution of the search warrant would confirm this fact; 3) the search warrant describes a gray toolbox, but the seized toolbox is red; 4) his attorney did not present witnesses on his behalf who would confirm that he did not possess the toolbox key; and 5) a juror knew the prosecutor and the defense counsel because she was a court stenographer. Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 123-124, we present a factual and procedural summary of the case, and a brief discussion of Jaramillo's contentions.
FACTS AND PROCEDURAL HISTORY
On September 5, 2006, Los Angeles Sheriff's Deputy Thomas Garcia executed a search warrant at 223 E. 184th Street in Carson. He and the assisting deputies detained Jaramillo and other persons at the residence. During execution of the search warrant, Garcia saw several toolboxes on the patio. He recovered a key from Jaramillo's pocket that opened a locked toolbox. Inside, Garcia found a semiautomatic revolver and ammunition.
Jaramillo later informed Garcia that he locked the toolbox to safeguard his tools and that he kept the key with him.
The sheriff's department criminologist was unable to lift any fingerprints from the firearm, ammunition, or magazine.
The prosecutor charged Jaramillo by information with possession of a firearm by a felon. (§ 12021, subd. (a)(1).) The information also alleged that Jaramillo suffered a prior serious felony conviction and that he served two prior prison terms. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), & 667.5, subd. (b).)
A jury trial followed. Three sheriff's deputies testified and described execution of the search warrant and discovery of the firearm. Jaramillo's brother also testified and stated that the toolbox generally was not locked and that he had never seen a firearm inside it.
The jury convicted Jaramillo of possession of a firearm by a felon. Jaramillo waived his constitutional rights and admitted serving two prior concurrent prison terms. The trial court later found that Jaramillo suffered a prior serious felony "strike" conviction. It sentenced Jaramillo to a prison term of three years and eight months, consisting of a low-term sentence of sixteen months, which it then doubled, and one year for the prior prison term. The trial court awarded Jaramillo presentence credit of 261 days, including 86 days of conduct credit. It also imposed a $200 restitution fine and a $200 parole revocation restitution fine. (§§ 1202.4, subd. (b) & 1202.45.)
DISCUSSION
The search warrant here issued for a search of the residence and person of Jaramillo, a probationer, for narcotics, among other items. At the preliminary examination, Deputy Garcia testified that there were several toolboxes on the patio of the Jaramillo residence, locked and unlocked. The deputies videotaped the scene prior to execution of the search warrant, but not during execution of the warrant. Following execution of the search warrant, Jaramillo informed Deputy Garcia that he owned the locked toolbox and that he kept the keys thereto to safeguard its contents. There is reasonable and credible evidence that Jaramillo owned the locked toolbox and possessed the key thereto. (People v. Rodriguez (1999) 20 Cal.4th 1, 11 [rule of sufficient evidence].)
In assessing a claim of ineffective assistance of counsel, a reviewing court defers to counsel's reasonable tactical decisions. (People v. Weaver (2001) 26 Cal.4th 876, 925.) We "'. . . accord great deference . . .'" to counsel's decision not to subpoena witnesses to testify that Jaramillo did not possess the key to the locked toolbox. (Ibid.) We cannot say there was no "conceivable reason for counsel's [tactical] acts or omissions." (Id. at p. 926.)
Jaramillo has not established that the court stenographer juror indicated or stated that she could not act impartially or carry forth her duties as a juror. (People v. Millwee (1998) 18 Cal.4th 96, 146.) He has not provided a record of voir dire nor has he established that the trial court erred by not excusing her for cause.
We have reviewed the entire record and are satisfied that Jaramillo's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende, supra, 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: YEGAN, J., COFFEE, J.