People v. Martinez CA2/8

BACKGROUND

Appellant was charged with possession of a firearm by a felony (Pen. Code, § 29800, subd. (a)(1); count 1)1 and possession of ammunition (§ 30305, subd. (a)(1)), plus various enhancements (§§ 186.22, subd. (b)(1)(A) [gang allegation], 667, subd. (a)(1) [prior serious felony], 667.5, subd. (b) [prior prison term], 667, subds. (b)-(j) 1170.12, subd. (b) [prior strike conviction]). Appellant pled no contest to count 1 and admitted the gang allegation (§ 186.22, subd. (b)(1)(A)), the prior serious felony (§ 667, subd. (a)(1)), and the prior strike conviction (§§ 667, subds. (b)-(j), 1170.12, subd. (b)). The court sentenced him to a total of seven years eight months in prison. He filed a notice of appeal and requested a certificate of probable cause, which the trial court denied. The following facts are taken from the early disposition probation report. On July 22, 2015, Los Angeles police officers observed appellant in the front passenger seat of a car with illegally tinted windows. Appellant was a known Rancho San Pedro gang member on parole. When the officers conducted a traffic stop, appellant fled from the car and grabbed a firearm from his waistband. Officers pursued…