People v. Resendez CA2/6

Filed 5/21/15 P. v. Resendez CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B256614 (Super. Ct. No. KA103784) Plaintiff and Respondent, (Los Angeles County)

v.

MICHAEL RESENDEZ,

Defendant and Appellant.

Michael Resendez appeals a judgment following conviction of battery, with a finding that he committed the criminal offense to benefit a criminal street gang. (Pen. Code, §§ 242, 186.22, subds. (b), (d).)1 We affirm.

FACTUAL AND PROCEDURAL HISTORY

In the early evening of November 19, 2013, Isabell Gutierrez noticed Resendez "staggering" in the street outside her home. Resendez's behavior appeared odd; he stared at Gutierrez and held a "very tense"…