Ngaue

Defendants and appellants Seiloni Ngaue (Ngaue) and Joanna Kay Smith (Smith) appeal from their respective judgments of conviction following a jury trial. Ngaue and Smith were convicted of second degree robbery as charged in counts I and III of an amended information and of attempted second degree robbery (count II). Ngaue also was found guilty of attempted murder (count IV). The jury found to be true the firearm allegation as to counts I through III, the infliction of great bodily injury allegations as to counts I and IV, and the personal use allegation as to each count. The trial court found to be true the allegations Ngaue had suffered two prior serious felony convictions.

On appeal Ngaue and Smith assign as error the trial court’s denial of their renewed motion to suppress evidence under Penal Code section 1538.5. Smith also attacks the sufficiency of the evidence to support the judgment against her on the theory she was an aider and abettor in the charged robbery and attempted robbery offenses.

The trial court correctly denied Ngaue and Smith’s motion to suppress evidence in that reentry of the house to retrieve the gun was justified on the ground of exigent…