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FACTS

Anthony Diaz, a police officer with the Fullerton Police Department, was working the night shift, from 5:30 in the evening until 6:00 the next morning on December 28 and 29, 2006. At around 2:41 a.m., he was dispatched to Harbor and Orangefair because of a report of “a potential DUI driver passed out in an intersection.” Two officers approached from opposite sides of the tan sedan they found at the intersection. Diaz described what he saw: “The driver had his head slumped over

2 kind of like his chin into his chest. He did not have a shirt on. And he had a bald head and several tattoos. [¶] Looking further into the car, I noticed there was a shotgun in between or on the right side of his leg where he was seated in the driver seat.” Diaz continued his description: “The passenger was also passed out. His — he was leaning back a little bit more in his seat with his head, again, chin to chest. In his lap in between his left and right leg kind of near his groin area, barrel down, hammer up was a semiautomatic handgun.” The driver of the sedan was Edmundo Gomez. Defendant was the passenger. Diaz radioed what he found and requested additional units. When backup arrived, the tan…