SAN JOSE – Police recently arrested an ex-convict on gun charges. On December 2, at 8:18 in the evening, the San Jose Police arrested Eliesar Torres under pc 30305 (a) (1) for being in possession of ammunition and reloaded ammunition, while holding a previous conviction of a felony under PC 2800.2 out of Santa Clara County, for evading a police officer and reckless driving. A Supreme Court ruling regarding California sentencing laws strictly prohibits a convicted felon from owning any firearms or ammunition once they are sentenced by the court.
San Jose Police Officers spotted a Grey Mercedes E55 4-door sedan. The vehicle had no front license plate and tinted windows violations under vehicle codes 5200A and 26708. They signaled for the driver to pull over near Story Road and McGinness Drive in San Jose using lights and sirens. The officers ran his plates and realized that he was wanted for a probation violation and felony warrant, and Torres was also driving without a valid driver’s license a violation under VC 12500(a) which is considered a misdemeanor. Now under felony probationary search and seizure, officers searched the vehicle, locating approximately 40 rounds of .38 caliber ammunition in the trunk of the vehicle. There were also 16 rounds of 9mm ammunition with an empty 10 round magazine for .45 cal bullets. When Torres saw officers searching the trunk he alerted officers, “I have bullets in the backpack.” Officers secured the ammunition and booked it into evidence.
He was charged with a host of other offenses that night, including giving a false name to police officers, and possession of marijuana for sale. His next court appearance has been scheduled for Jan 14, 2014 in Dept 38 at 9:00 AM.
