People v. Ibarra CA5

Filed 4/15/15 P. v. Ibarra CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE, F068125 Plaintiff and Respondent, (Super. Ct. No. MCR046727) v.

MARIO IBARRA, OPINION

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge.

Diane Nichols, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Henry J. Valle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION While on parole, defendant Mario Ibarra lived with his son Mariano Arredondo1 in Chowchilla. A search warrant was obtained for the residence because police believed Mariano was selling methamphetamine. When the warrant was executed, defendant was present in the home alone. A digital scale containing residue of suspected methamphetamine and two shotgun shells were found in the kitchen. At a parole revocation hearing, the court determined defendant violated the terms of his parole by having knowing access to ammunition. On appeal, defendant maintains there was insufficient evidence to show he had knowing access to ammunition. Thus, he contends the court erred and reversal is required. We affirm. FACTUAL AND PROCEDURAL BACKGROUND The People’s Evidence On July 3, 2013, police served a search warrant at a residence on Kings Avenue for possible methamphetamine sales. Defendant was sitting in the living room when officers entered the home. No one else was present. During the search, a large digital scale containing a residue believed to be methamphetamine was located on top of the microwave in the kitchen. Additionally, two shotgun rounds were found in a kitchen cupboard. One was a slug and the other was bird shot. The shells could be observed immediately once the cupboard door was opened. The cupboard stood at about five and a half feet in height. Mariano, the suspect associated with the search warrant, was detained by way of a traffic stop prior to his arrival at the home during the execution of the warrant. He was carrying a replica handgun.