People v. Montgomery CA2/4

INTRODUCTION

Appellant Grady Montgomery pled no contest to one count of unlawful possession of a firearm by a felon. (Pen. Code, § 29800, subd. (a)(1)).1 Because he did not receive a certificate of probable cause, his appeal is limited to matters occurring after entry of his plea, which do not affect the validity of the plea. (Cal. Rules of Court, rule 8.304(b)(4).) Appellant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have conducted an independent examination of the entire record and conclude no arguable issues exist. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

We take the following facts from appellant’s preliminary hearing. On March 30, 2022, Los Angeles Police Department Officer Gabriel De Alba was patrolling near Hobart Boulevard and 39th Street in Los Angeles. He observed a vehicle with one brake light out. De Alba and his partner conducted a traffic stop of the vehicle and found a female driver and appellant as the passenger. De Alba observed a bottle of liquor on the rear floor of the car and from his position near the front passenger window,…