Lopez

Guadalupe Lopez was convicted by jury of unlawful possession of a firearm (Pen. Code, § 12021, subd. (e); count l), 1 unlawful possession of ammunition (§ 12316, subd. (b)(1); count 2), and resisting, obstmcting or delaying a peace officer (§ 148, subd. (a)(1); count 3). The trial court found that he had suffered a prior serious felony conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and sentenced him to six years state prison.

Lopez appeals, contending that the trial court erred in denying his motion to suppress evidence and in not staying the sentence on count 2 for possession of ammunition pursuant to section 654. We impose a stay of sentence on count 2 and affirm the judgment as modified.

Facts

At approximately 7:00 p.m. on August 11, 2002, Hilda Pizarro told her daughter to call the police after two Hispanic men approached her in a threatening manner. One of the men had a handgun and a can of spray paint in a backpack. The other man spoke on a cell phone and said: “I’m here” and “I’ll meet you.” Before the police arrived, the men painted graffiti on a wall.

Several police officers responded to the call. Officer Landavazo spoke to Pizarro who pointed…