P. v. Aispuro
The prosecution charged Omar Aispuro with possession of ammunition by a person prohibited from possessing a firearm (Pen. Code, 12316, subd. (b)(1)). Aispuro filed a section 1538.5 motion to suppress the ammunition evidence found in a search of his person, arguing his detention was unlawful and all evidence found in a search following the unlawful detention should be suppressed. The trial court denied the motion, finding police reasonably detained Aispuro. A jury subsequently convicted Aispuro of illegal possession of ammunition. The court sentenced him to the middle term of two years in prison.
Aispuro appeals, contending (1) the court erred by denying his section 1538.5 motion, and (2) on appeal the People rely on a theory not previously raised at the suppression hearing. We conclude the court properly denied Aispuro's motion to suppress evidence. Court further conclude the People raised all necessary theories at the suppression hearing to permit assertion of the theories on appeal, and affirm the judgment.
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