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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v GERARDO DIAZ, Defendant-Appellant.

UNPUBLISHED May 11, 2010

No. 289864 Wayne Circuit Court LC No. 08-006880-FH

Before: TALBOT, P.J., and FITZGERALD and M.J. KELLY, JJ. PER CURIAM. Defendant appeals as of right his bench trial convictions for two counts of felon in possession of a firearm, MCL 750.224f, and two counts for possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. Defendant was sentenced to three years' probation for each felon in possession of a firearm conviction, and two years' imprisonment for each felony-firearm conviction. We affirm. Defendant first contests the existence of exigent circumstances justifying the conduct of a warrantless search of his apartment by police. In reviewing the denial of a motion to suppress, the trial court's ultimate decision is reviewed de novo, while its underlying findings of fact are reviewed for clear error. People v Beuschlein, 245 Mich App 744, 748; 630 NW2d 921 (2001). "Both the United States and Michigan Constitutions guarantee the right against unreasonable searches and seizures." Beuschlein, 245 Mich App at 749 n 2, citing US Const, Am IV; Const 1963, art 1,

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