People v. Zapien CA6

I. INTRODUCTION

Defendant Jose Zapien1 appeals after pleading no contest to carrying a concealed, loaded, unregistered firearm in public (Pen. Code, § 25850, subd. (a)2) and admitting that he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)). He was placed on probation for three years. On appeal, defendant contends the trial court erred by denying his motion to suppress evidence (see § 1538.5) and by imposing certain probation conditions. We will modify the probation conditions and affirm the judgment as modified.

1 Below, defendant was referred to as Jose Zapien Mendoza. 2 All further statutory references are to the Penal Code unless otherwise indicated.

II. BACKGROUND

A. The Vehicle Stop On January 28, 2013, San Jose Police Officers Jodi Williams and Phuong Nguyen were on patrol. At about 8:39 p.m., the officers saw a vehicle roll through a stop sign. The officers followed the vehicle and saw it roll through a second stop sign. The officers caught up to the vehicle “as it was pulling into a [residential] driveway.” They “initiated a vehicle stop” by turning on the red lights of their unmarked patrol car, and by using…