People v. Romero-Guzman CA1/1

BACKGROUND

The San Mateo District Attorney filed an information charging defendant with one count of possession of ammunition by a felon, a felony (§ 30305, subd. (a)(1)) and alleging defendant had sustained several prior felony convictions (§ 1203, subd. (e)(4)). At trial, San Mateo County Deputy Sheriff Joseph Venikov testified that while he was patrolling in his car around 1:00 a.m., he saw defendant walking down El Camino Real in San Carlos. Venikov did not see defendant “doing anything wrong” but recognized him from “previous contacts.” Venikov pulled over and “engaged in conversation” with defendant. During this conversation, Venikov asked defendant if he had “anything illegal on his person.” Defendant said he had bullets in his pocket, so Venikov asked if he “would consent to a search.” Defendant agreed, and Venikov found 10 loose, .45-caliber hollow point bullets in defendant’s right pocket. The rounds appeared to be “in working order, did not appear to be fired, intact,” meaning the “bullet itself was not detached from the shell casing.” Venikov did not find any ammunition or firearms in defendant’s backpack. Defendant testified that as he was walking down El Camino…