P. v. Somerville
After the trial court denied appellants motion to suppress evidence under Penal Code section 1538.5, appellant pleaded nolo contendere to possession of a firearm by a felon ( 12021, subd. (a)(1)) (count 1) and possession of ammunition ( 12316, subd. (b)(1)) (count 2). Appellant also admitted two prior strike convictions within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i).
The trial court granted appellants Romero[2] motion and struck the prior conviction allegations. The court sentenced appellant to state prison for the low term of 16 months in count 1 and a concurrent term of 16 months in count 2. Appellant appeals on the ground that the arresting officer exceeded the scope of appellants consent when he searched the trunk of appellants car and opened a closed shoe box lying in the trunk. The judgment is affirmed.
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