Hawkins
People v. Hawkins
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…