People v. Zapata CA4/3

FACTS

“In March 2005, Police Officer Ramiro Vergara initiated a traffic stop of Zapata because he was not wearing a seat belt and failed to signal before turning. A DMV check revealed the vehicle was registered to Juan Zapata, Zapata’s brother, and registration for the car had expired. Defendant identified himself as Juan Zapata, with a birth date of December 18, 1984, and told Vergara the vehicle belonged to his girlfriend. A records check showed Juan Zapata did not have a driver’s license.

2 The following facts are taken verbatim from our 2017 prior opinion. (Zapata II, supra, G004722.)

3 “After backup arrived, Vergara found a pipe in defendant’s pocket, plus bullets and a loaded gun in the vehicle. Zapata was arrested and taken to the police station, where he continued to claim his name was Juan Zapata. “Vergara completed a prebooking form based on the information Zapata provided. He collected evidence from Zapata’s hands to test for gunshot residue (GSR) under the name of Juan Zapata and sent it to the lab for testing under that name. Zapata also provided a DNA sample and was booked under the name Juan Zapata. Fingerprints later revealed Zapata was Jesus Zapata with a birth…