Hawkins

People v. Hawkins

Good Law
149 Cal. Rptr. 3d 469·2012 Cal. App. LEXIS 1201·211 Cal. App. 4th 194
Court of Appeal of CaliforniaNovember 20, 2012No. B235415California3,854 words

Opinion

Lead Opinion

Mosk, J.

*197 Opinion

INTRODUCTION

Defendant and appellant Joseph Hawkins (defendant) pleaded no contest to three counts of possession of a firearm by a felon (Pen. Code, former § 12021, subd. (a)(1)), 1 one count of possession of ammunition (former § 12316, subd. (b)(1)), and one count of corporal injury to a spouse or cohabitant (§ 273.5, subd. (a)). Defendant appeals the denial of his motion to suppress evidence, contending that the magistrate erred by admitting hearsay evidence concerning a purported written consent to a search of his home. Defendant also contends that the trial court erred in imposing a $20 DNA penalty assessment pursuant to Government Code section 76104.7. We hold that defendant forfeited his contention, not raised before the trial court, that the magistrate erred by admitting hearsay evidence resulting in the denial of his motion to suppress. We also order the trial court to issue an amended abstract of judgment that does not impose a $20 DNA penalty assessment. We otherwise affirm the judgment.

BACKGROUND

A. Factual Background

Defendant and Nicole Hall had been dating for about four years. Defendant and Hall had an altercation at defendant’s house, and Hall…

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