Arangure

Introduction

Appellant was convicted by jury of violation of Health and Safety Code section 11359, possession of marijuana for sale. In a nonjury trial three alleged prior terms of imprisonment were found to be true. He was sentenced to prison for five years.

Appellant makes two contentions on appeal: The lower court erred by (1) denying his motion to suppress under Penal Code section 1538.5 because the seizure of the evidence was the direct result of an illegal detention, and (2) failing to instruct the jury sua sponte on circumstantial evidence of specific intent pursuant to CALJIC No. 2.02.

Facts

About 2:45 p.m. on June 15, 1989, Officers Sotow and Harrelson of the Santa Ana Police Department were on duty in uniform in an unmarked car. They were near a small shopping center within an area known to the officers as a “hot spot” in Orange County for the sale and possession of controlled substances. Officer Harrelson had personally made 20 to 25 arrests in the area in a period of 90 days, primarily for marijuana sales. Officer Sotow parked the patrol car in the shopping center parking lot.

Officer Harrelson saw appellant standing next to a woman associated with known…