People v. Ibarra CA5

INTRODUCTION

While on parole, defendant Mario Ibarra lived with his son Mariano Arredondo1 in Chowchilla. A search warrant was obtained for the residence because police believed Mariano was selling methamphetamine. When the warrant was executed, defendant was present in the home alone. A digital scale containing residue of suspected methamphetamine and two shotgun shells were found in the kitchen. At a parole revocation hearing, the court determined defendant violated the terms of his parole by having knowing access to ammunition. On appeal, defendant maintains there was insufficient evidence to show he had knowing access to ammunition. Thus, he contends the court erred and reversal is required. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The People’s Evidence On July 3, 2013, police served a search warrant at a residence on Kings Avenue for possible methamphetamine sales. Defendant was sitting in the living room when officers entered the home. No one else was present. During the search, a large digital scale containing a residue believed to be methamphetamine was located on top of the microwave in the kitchen. Additionally, two shotgun rounds were found in a kitchen cupboard.…