People v. Avila CA5

INTRODUCTION

In September 2023, defendant Gary Arthur Avila pleaded no contest to possession of a firearm by a felon and possession of ammunition by a felon, and he admitted the aggravating factors that he had prior convictions that were numerous or increasing in seriousness and he served a prior prison or jail term. (Pen. Code, §§ 29800, subd. (a)(1), 30305, subd. (a)(1); Cal. Rules of Court, rules 4.421(b)(2)–(3).)1 As to both counts and in accordance with its previously indicated sentence, the trial court suspended imposition of sentence and placed defendant on probation for two years, with the first 180 days in custody with a referral for work release. Defendant filed a timely notice of appeal and obtained a certificate of probable cause. Defendant advances two claims on appeal. First, he claims that the trial court erred when it denied his motion to suppress the firearm and ammunition found during the patdown search because his encounter with police outside his home was not consensual, and there was no reasonable suspicion of criminal activity to justify a detention. Second, he claims the trial court erred when it denied his motion for relief under the California Racial…