People v. Harman CA2/8

Opinion

Filed 9/24/26 P. v. Harman CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B347813

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA100809 v.

CHRISTOPHER HARMAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David W. Stuart, Judge. Affirmed. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________ After reviewing this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. Statutory citations are to the Penal Code. The Los Angeles Sheriff's Department received a 911 call from a man named Keith who said a man and a woman were asleep in a car parked outside Keith’s house. Keith described the car as a white Pontiac sedan and said the man had a gun in his lap. Three deputies went to Keith’s address. They found a white Dodge Challenger sedan parked in front of the house. A woman was asleep in the driver’s seat, and Christopher Harman was asleep in the passenger seat. Harman had a jacket in his lap. The deputies approached with guns drawn but pointed downward. They tried opening the car doors, but they were locked. The deputies then knocked on the windows to wake the occupants up and told them to get out of the vehicle. Deputy Richard Murray saw Harman reach toward the side of his lap and ordered him to stop. Although uncooperative at first, Harman and the woman eventually got out of the car. After the officers secured Harman and the woman in separate patrol cars, they searched the car. Murray found a loaded handgun under the jacket on the passenger seat where Harman had been sitting. Murray also saw a blow torch and scattered pieces of foil that he believed suggested narcotics use in the car. Harman filed a motion to suppress the gun found during the search of the car, arguing the 911 call did not provide sufficient cause to make the search reasonable. The court held the preliminary hearing and section 1538.5 hearing concurrently. The magistrate denied the motion to suppress and held Harman to answer. Harman later filed a motion under section 995. The trial court denied the motion. Harman then pleaded guilty to being a felon in possession of a firearm. The court sentenced him to 16 months in state prison.

2 Harman appealed. His counsel filed a Wende brief and informed Harman of his right to file his own brief. Harman did not do so. We have examined the entire appellate record. We are satisfied Harman’s counsel fully complied with counsel’s responsibilities and no arguable issues exist. (See Wende, supra, 25 Cal.3d at pp. 441–442.) DISPOSITION We affirm.

WILEY, J.

We concur:

STRATTON, P. J.

SCHERB, J.