People v. Tovar CA5

INTRODUCTION

Appellant and defendant Anthony Tovar pleaded no contest to being a felon in possession of a firearm and was sentenced to state prison. On appeal, his appellate counsel has filed a brief that 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

The following facts are from the evidentiary hearing on defendant’s suppression motion, where the parties stipulated that the defendant was detained and searched without a warrant. At 1:14 a.m. on December 9, 2018, the 911 dispatcher received a call that a subject with a gun was threatening to shoot people at a house party on Oregon Street in Bakersfield. The dispatcher asked for the caller’s name, but the caller declined and remained anonymous. The dispatcher asked the caller for a description of the subject. The caller said the subject was a “Black male, early 20s in a black jacket, black knit cap, blue jeans, waving a black handgun in the air, threatening to shoot subjects, possibly gang affiliated … with a large house party to the front,” and the subject was still at the scene. The…