People v. Wilson CA2/6

FACTS AND PROCEDURAL BACKGROUND

In People v. Wilson (May 24, 2012, B234935 [nonpub. opn.]), we affirmed appellant's current conviction and described his offense as follows: "At about 12:20 a.m. on August 12, 2010, Los Angeles County Deputy Sheriff Wesley Guthrie was on patrol in Lancaster when he heard loud music emanating from appellant's vehicle. The music was also heard by Deputy [Taylor] Slimak, who was on patrol in a separate car. Deputy Slimak conducted a traffic stop of appellant for a violation of Vehicle Code section 27007 [fn. omitted], and Deputy Guthrie acted as his backup. Deputy Guthrie positioned himself to the right of appellant's vehicle while Deputy Slimak approached the driver's door. "After Deputy Slimak spoke to appellant for approximately one minute, he directed him to exit his vehicle. Appellant was frisked for weapons near the hood of the deputy's patrol car, then placed in the back seat of the patrol car. In the meantime, Deputy Guthrie went to close the open driver's seat door to appellant's vehicle to prevent it from being hit by oncoming traffic. As the deputy was about to close the door, he saw a handgun in plain…