People v. Johnson CA5

INTRODUCTION

Appellant/defendant Labrian Todd Johnson pleaded no contest to felon in possession of a firearm and was sentenced to the lower term of 16 months. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS

At 10:30 p.m. on September 20, 2014, Officers Martinez and Ornelas were on patrol in Bakersfield. A silver 2001 Pontiac Grand Prix was driving in front of their patrol car. When the car moved into the left lane, Officer Martinez saw that the center brake light was not working and believed that was a violation of Vehicle Code section 24603, subdivision (b).1 The officers conducted a traffic stop. Defendant was the driver and sole occupant.2 Officer Martinez approached the passenger side of defendant’s car and smelled the strong odor of an alcoholic beverage from inside. He saw a clear plastic cup with ice spilled on the front passenger floorboard. The officers determined defendant was on probation with search terms. Martinez asked defendant if he had anything illegal in the

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