P. v. Thouvenel
Defendant was convicted by a jury of possession of ammunition by a felon in violation of Penal Code section 12316, subdivision (b)(1). Defendant appeals from the judgment, contending that his motion to suppress evidence - the shotgun shells found in a car he was driving - should have been granted because the peace officer who seized the shells did not have probable cause to believe that the shells were evidence of a crime. Defendant cannot raise this assertion on appeal, however, because he did not assert it in his motion in the trial court. In any event, the admission of the shells themselves did not prejudice defendant in light of witness testimony that there were shotgun shells in the car defendant was driving. Accordingly, court affirm the judgment.
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