Filed 12/20/21 P. v. Quevara CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT THE PEOPLE, F078311 Plaintiff and Respondent, (Super. Ct. No. BF172506A) v. JUAN QUEVARA, OPINION Defendant and Appellant. APPEAL from a judgment of the Superior Court of Kern County. Eric Bradshaw and Gary T. Friedman, Judges.† Paul Kleven, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Doris A. Calandra, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- † Judge Bradshaw conducted an in camera review of officer personnel records and presided on August 2, 2018; Judge Friedman presided over all other hearings pertinent to this appeal. A jury convicted defendant Juan Quevara of second degree robbery after he robbed employees of a farm equipment store (the store) in Kern County. On appeal, defendant contends (1) the trial court erred in denying his motion to suppress evidence seized during a patdown search and a more thorough search prior to his arrest; (2) the evidence was insufficient to prove he used force or fear to take property; and (3) this court should review the trial court’s Pitchess motion ruling and ensure the trial court followed proper procedure in denying it. We affirm. PROCEDURAL BACKGROUND The Kern County District Attorney filed an information on June 26, 2018, charging defendant with second degree robbery (Pen. Code, § 212.5, subd. (c))1 and alleged that the charged crime was a serious felony within the meaning of section 1192.7, subdivision (c). Defendant pled not guilty on July 2, 2018. Defendant filed a Pitchess2 motion on July 10, 2018, requesting disclosure of Bakersfield Police Officer Anthony Kidwell’s personnel records relevant to dishonesty, false arrest, illegal detentions, and the fabrication of charges, evidence, or reports, and other records. Counsel for the Bakersfield Police Department objected to producing any records other than those relating to dishonesty. The trial court granted defendant’s motion for an in camera review and conducted a review of Officer Kidwell’s records pertaining to false reporting and honesty on August 2, 2018. After reviewing the records, the court denied the motion for discovery. Upon hearing the parties’ in limine motions on September 17, 2018, the trial court held an Evidence Code section 402 hearing on defendant’s motion to exclude evidence of prior bad acts and his statements to police at the time of arrest. As a result of information revealed during that hearing on September 17 and 18, 2018, defense counsel made an oral motion to suppress evidence seized from defendant’s person before …
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