People v. Monzon CA4/1

INTRODUCTION

David Antonio Monzon appeals a judgment of conviction after a jury found him guilty of resisting an executive officer with force or violence in

violation of Penal Code section 69.1 Monzon contends the evidence from his trial was insufficient to support the jury’s finding that he resisted an officer who was acting lawfully at the time of the offense. In particular, he argues the officer unlawfully entered his residence without a warrant or exigent circumstances justifying a warrantless entry into the residence. Further, he argues the officer did not have probable cause to arrest him. We reject these arguments and affirm the judgment. II

BACKGROUND

A. Factual Background We present the following factual background in the light most favorable to the judgment because Monzon contests the sufficiency of the evidence supporting his conviction. (People v. Lee (2011) 51 Cal.4th 620, 625, fn. 5.) One evening, a woman called 911, identified herself as “Sandy,” and reported a domestic disturbance at a two-story apartment complex in Imperial. The caller said she heard a male yelling at a female and items being thrown around inside an upstairs apartment. The caller also…