Filed 8/2/13 P. v. Parker CA2/8

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE,

Plaintiff and Respondent,

v.

CHARLIE PARKER,

Defendant and Appellant.

 B245059

 (Los Angeles County

 Super. Ct. No. YA 079401)

APPEAL from a judgment of the Superior Court of Los Angeles County, 

Steven R. Van Sicklen, Judge. Affirmed.

Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and 

Appellant.

No appearance for Plaintiff and Respondent.

* * * * * *
2

After the trial court denied his motion to suppress evidence, defendant Charlie 

Parker pled no contest to charges of being a felon in possession of a firearm and of 

driving with a blood alcohol level greater than 0.08 percent. Pursuant to People v. Wende

(1979) 25 Cal.3d 436 (Wende), defendant’s counsel filed an opening brief requesting that 

this court review the record and determine whether any arguable issues exist on appeal. 

We have reviewed the entire record and find no arguable issue. We affirm.

FACTS AND PROCEDURE

In an eight-count amended information, defendant was charged with two counts of 

possession of a firearm by a felon, possession of a concealed weapon in his vehicle, 

possession of ammunition by a felon, carrying a loaded firearm, resisting a peace officer, 

driving under the influence of alcohol, and driving while having a 0.08 percent or higher 

blood alcohol content. A prior serious or violent felony was alleged and two prior 

convictions for which defendant did not remain free from custody for a period of five 

years were alleged.

Defendant initially pled not guilty. Defendant filed a motion to suppress evidence 

pursuant to Penal Code section 1538.5 based on the contention that he was searched 

without probable cause.

At a hearing on defendant’s motion to suppress, Officer Eric Williams testified 

that at approximately 3:00 a.m. on October 20, 2010, he observed defendant driving 

erratically. Defendant swerved from the number 3 lane into the number 1 lane and then 

back to the number 3 lane. Defendant did not signal any of his lane changes. Defendant 

was speeding. After defendant was stopped, Williams’s partner began administering 

field sobriety tests. Defendant fled. Defendant was located and his blood was collected. 

A nine-millimeter handgun was found in defendant’s vehicle.

The trial court denied defendant’s motion to suppress. Defendant changed his plea 

to no contest for the following two charges: being a felon in possession of a firearm and 

driving with a blood alcohol level of greater than 0.08 percent. The parties agreed that 

defendant would receive a four-year state prison sentence in return for his plea.
3

Defendant was sentenced to four years in state prison. The court dismissed the 

remaining allegations in the interest of justice.

DISCUSSION

Having reviewed the entire record, we are satisfied that counsel has fully complied 

with her responsibilities and no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 

106, 123-124; Wende, supra, 25 Cal.3d at p. 441.)

DISPOSITION

The judgment is affirmed.

FLIER, J.

WE CONCUR:

BIGELOW, P. J.

GRIMES, J.