Ritter

A jury found defendant was guilty of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)) and that prior strike allegations were true. The court sentenced him to state prison for 25 years to life. He appeals, contending the trial court erroneously denied his suppression motion (Pen. Code, § 1538.5) and the case should be remanded to give the trial court the opportunity to exercise its discretion to dismiss a prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ], Defendant’s contentions lack merit.

Penal Code Section 1538.

The Suppression Hearing:

Defendant contends the trial court erroneously denied his motion to suppress evidence seized following a warrantless search of a “fanny pack” that he had removed from his waist. (Pen. Code, § 1538.5.) We disagree.

At the hearing on the suppression motion, a San Bernardino County Sheriff’s deputy testified that he was on duty when, at approximately 5:07 p.m. on September 8, 1995, he received a 911 call reporting a disturbance. The deputy was informed the disturbance stemmed from a dispute over money and a man wearing a black…