People v. Hernandez CA5

INTRODUCTION

Nathan Ray Royal Hernandez (appellant) pled no contest to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1))1 and other related firearms offenses. He was sentenced to two years eight months in state prison. On appeal, appellant’s appointed counsel filed a brief with this court pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking this court to review the record and determine if there are any reasonably arguable issues on appeal. Appellant was afforded an opportunity to submit a supplemental letter or brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. We affirm.

BACKGROUND

On February 3, 2024, an officer conducted an enforcement stop on a vehicle that appellant was driving. Officers conducted a probation search of the vehicle and discovered a loaded firearm under the driver’s seat.2 The Kern County District Attorney’s Office filed an information charging appellant with being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 1), possession of ammunition by a felon (§ 30305, subd. (a)(1); count 2), carrying a loaded, stolen firearm…