People v. Ortega CA5

INTRODUCTION

Appellant and defendant Victor Fuentes Ortega (defendant) was charged with firearm and narcotics offenses. After his suppression motion was denied, defendant pleaded no contest to felon in possession of a firearm and was sentenced to two years in prison. On appeal from the judgment, his appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a letter brief raising several issues. This court requested further briefing from the parties about the trial court’s denial of the suppression motion. We review the court’s ruling, address the parties’ contentions, and affirm.

FACTUAL BACKGROUND1

Around 4:00 a.m. on February 22, 2022, Officer Kinkade was on patrol in Shafter. He was in uniform and driving a marked car by himself in the area of Parkdale Way and Spruce Park Way. Kinkade testified that he saw a vehicle parked on Manor Grove Drive, southwest of his position. The area was dark, but Kinkade could see the front of the subject vehicle because the headlights went on, then off, and then on again. Kinkade…