Pleasant

People v. Pleasant

Good Law
123 Cal. App. 4th 194·19 Cal. Rptr. 3d 796
Court of Appeal of CaliforniaOctober 20, 2004D043006California2,432 words

Opinion

Opinion

O'ROURKE, J.

After the magistrate and the trial court denied a motion to suppress evidence (Pen.Code, § 1538.5), [1] a jury convicted Monet Cleon Pleasant of being a felon in possession of a firearm (§ 12021, subd. (a)(1)) and possessing an assault weapon (§ 12280, subd. (b)). In a bifurcated hearing, the court found he had a strike prior. (§§ 667, subds.(b)-(i), 1170.12, 668.) The court dismissed the strike prior, sentenced Pleasant to the two-year middle term for being a felon in possession of a firearm, stayed execution of sentence, and place Pleasant on three years' probation including a condition he serve 365 days in custody. It stayed sentence for possessing an assault weapon. Pleasant contends the trial court erred in denying his motion to suppress evidence.

On November 22, 2002, San Diego police officers and sheriff's deputies went to the residence of Ella Pleasant (Ms. Pleasant) at 1515 50th Street to conduct a probation search. After being admitted, Officer Michael Pridemore conducted a safety sweep. He came upon a locked door. Pridemore asked Ms. Pleasant if she had a key to the door. She told him it was her son's room who was not home and her keys were on the dresser…

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