P. v. Benavides
After the trial court denied a motion to suppress evidence (Pen. Code, 1538.5), a jury convicted Arthur P. Benavides of assault with a firearm ( 245, subd. (a)(2); counts 1 & 3), making a criminal threat ( 422; counts 4 & 5), dissuading a witness by force or threat ( 136.1, subd. (c)(1); count 6), possession of a firearm by a felon ( 12021, subd. (a)(1); count 7), and possession of ammunition by a felon ( 12316, subd. (b)(1); count 8). As to count 2, the jury found Benavides guilty of a lesser included offense of brandishing a firearm ( 417). The court found all prior convictions true as alleged. The court sentenced Benavides to a total prison term of 19 years and eight months, with credit for time served of 278 days. Benavides's sole contention on appeal is that the trial court erred in denying his motion to suppress evidence. He contends any exigent circumstances justifying a protective sweep evaporated once police took him into custody. Benavides further argues his mother did not have apparent authority to consent to a search of the converted garage. Court reverse the judgment.
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