Filed 9/9/13 P. v. Lozano CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

PETER LOZANO

Defendant and Appellant.

 B246039

 (Los Angeles County

 Super. Ct. No. VA126363)

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

Ito, Judge. Affirmed.

Randall Conner, under appointment by the Court of Appeal, for Defendant and 

Appellant.

No appearance for Plaintiff and Respondent.

______________________
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FACTUAL AND PROCEDURAL BACKGROUND

On August 30, 2012 Los Angeles County Sheriff’s Deputy Rosemynn Gonzaga 

stopped Peter Lozano for riding his bicycle on the sidewalk in violation of a local 

ordinance. Deputy Gonzaga observed that Lozano was carrying a plastic bag with beer in 

it and detected the odor of alcohol on Lozano’s breath. At Deputy Gonzaga’s request, 

Lozano got off his bicycle. Deputy Gonzaga asked Lozano if he had been arrested, and 

Lozano replied that he had been on parole but was not sure he was still on parole, 

although he later stated he was “formerly on parole.” Lozano gave Deputy Gonzaga 

consent to search his person. The deputy recovered a bindle of methamphetamine in 

Lozano’s pants pocket and placed him under arrest.

The District Attorney charged Lozano in an information with one count of 

possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), with a special 

allegation he had suffered one prior serious or violent felony conviction within the 

meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). 

Represented by appointed counsel, Lozano pleaded not guilty and denied the special 

allegation.

Following the denial of his motion to suppress evidence (Pen. Code, § 1538.5), 

Lozano entered a negotiated plea of no contest to possession of methamphetamine and 

admitted the prior strike allegation. Pursuant to the plea agreement, the trial court 

imposed an aggregate state prison term of 32 months, consisting of the lower term 

doubled as a second strike. The court ordered Lozano to pay a $40 court security fee, a 

$30 criminal conviction assessment, and a $240 restitution fine. The court imposed and 

suspended a parole revocation fine pursuant to Penal Code section 1202.45. Lozano was 

awarded a total of 252 days of presentence custody credit (126 actual days and 126 days 

of conduct credit).

Lozano filed a timely notice of appeal based on the denial of his motion to 

suppress. (Pen. Code, § 1538.5, subd. (m); Cal. Rules of Court, rule 8.304(b)(4)(A).)
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DISCUSSION

We appointed counsel to represent Lozano on appeal. After an examination of the 

record, counsel filed an opening brief raising no issues. On May 3, 2013 we advised 

Lozano he had 30 days within which to submit any contentions or issues he wished us to 

consider. We have not received any response.

We have examined the entire record and are satisfied that Lozano’s attorney has 

fully complied with the responsibilities of counsel and that there are no arguable issues. 

(Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; 

People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

SEGAL, J.*

We concur:

WOODS, Acting P. J.

ZELON, J.

 

*

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to 

article VI, section 6 of the California Constitution.