Lopez

People v. Lopez

Good Law

129 Cal. App. 4th 1508·29 Cal. Rptr. 3d 586

Court of Appeal of CaliforniaJune 8, 2005H026476California10,555 words

Opinion

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Allen R. Crown, Deputy Attorney General.

Defendant Monty Lopez celebrated Easter Sunday in 2003 by having a few beers with family and friends in the yard of his San Jose duplex. His loud conversation disturbed his next-door neighbor, who called the police on him, as she had before. The officer who arrived first at about 8:40 p.m. thought he would be able to defuse the situation by talking to both people. Defendant reacted aggressively to the officer's presence, swearing, telling him to leave, and challenging him to fight. A friend restrained defendant. Other officers were called. Despite defendant's verbal and physical resistance, the officers were eventually able to handcuff him and take him into custody. This led to a jury convicting defendant of one felony, resisting or attempting to deter the performance of an executive officer's duties, and three misdemeanors, disturbing the peace, battering a peace officer, and resisting a peace officer.

Here we will determine,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.

Parties

People
Plaintiff
Lopez
Defendant

Judges

Walsh

Cites (83)

29 Cal. Rptr. 3d 586
4 Cal. 4th 284
200 Cal. App. 3d 82
20 Cal. 3d 647
11 Cal. 4th 694
2 Cal. 3d 575
28 Cal. 4th 557
17 Cal. 4th 1044
74 Cal. Rptr. 2d 121
25 Cal. 3d 142
188 Cal. App. 3d 363
63 Cal. App. 4th 159
426 U.S. 610
166 Cal. App. 3d 793
34 Cal. 4th 1
25 Cal. App. 4th 358
934 F.2d 434
30 F.3d 986
112 Cal. App. 4th 459
15 Cal. 4th 795
36 Cal. Rptr. 2d 474
38 Cal. 3d 780
17 Cal. 4th 1216
512 U.S. 452
28 Cal. 4th 486
23 Cal. 4th 692
15 Cal. 4th 1133
13 Cal. 3d 612
58 Cal. 2d 732
5 Cal. App. 3d 865
2 Cal. 4th 629
148 Cal. App. 3d 949
6 Cal. 3d 441
45 Cal. 3d 1335
15 Cal. 4th 312
51 Cal. 3d 72
8 Cal. App. 4th 47
45 Cal. 3d 1189
60 Cal. 2d 772
7 Cal. App. 3d 305
1 Cal. App. 3d 461
52 Cal. 3d 1210
16 Cal. 4th 805
34 Cal. App. 4th 1256
28 Cal. 4th 1083
18 Cal. 4th 1114
106 Cal. App. 4th 19
3 Cal. App. 4th 850
19 Cal. 4th 108
1 Cal. 3d 767
15 Cal. 3d 481
15 Cal. 4th 1
34 Cal. 3d 92
101 Cal. App. 3d 161
55 Cal. App. 4th 1067
22 Cal. 4th 1153
31 Cal. 3d 263
182 Cal. App. 3d 1174
61 Cal. App. 4th 1282
145 Cal. App. 3d 658
18 Cal. 4th 385
21 Cal. 4th 413
87 Cal. Rptr. 2d 474
9 Cal. 4th 407
14 Cal. App. 4th 761
94 Cal. App. 4th 944
62 Cal. App. 4th 186
71 Cal. 2d 843
9 Cal. 3d 308
15 Cal. 4th 619
20 Cal. App. 3d 919
11 Cal. 3d 531
27 Cal. 4th 287
26 Cal. 4th 1216
17 Cal. 4th 253
203 Cal. App. 3d 456
6 Cal. 4th 559
25 Cal. App. 4th 62
384 U.S. 436
97 Cal. App. 4th 1448
84 Cal. App. 4th 25
5 Cal. App. 4th 1398
542 U.S. 296