P. v. Penna CA3
Defendant Manuel Anthony Penna appeals from his convictions for unlawful possession of ammunition, mayhem, battery, and assault stemming from incidents on two different dates. In the first incident, defendant was alleged to have threatened his estranged wife, Theresa Doe (Theresa), who called 911. Sheriff’s deputies responding to the call eventually found defendant at his mother’s house, and a subsequent search of the house’s garage yielded multiple types of ammunition. In the second incident, defendant got into a fight with T.J., during which defendant bit off one of T.J.’s fingers.
On appeal, defendant claims: (1) the trial court erred by failing to suppress all evidence seized during the search of the garage on the basis that he did not voluntarily consent to the search, (2) insufficient evidence supported his conviction for unlawful possession of ammunition, (3) the trial court abused its discretion by consolidating the charges from the two separate incidents,
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