People v. Hood CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In March 2015, an anonymous caller reported possible domestic violence in an apartment in Palmdale, California. Several Los Angeles County Sheriff’s deputies responded to the call. When they arrived, they heard yelling coming from the apartment reported in the 911 call. Deputy Desiree Sanchez (Deputy Sanchez) knocked on the door, and defendant answered. Deputy Sanchez heard a man yelling from somewhere in the apartment, but defendant refused to say who was yelling and started to close the door. One of the other deputies reached out his arm to stop defendant from closing the door, and Deputy Sanchez grabbed defendant’s forearm and guided her out of the doorway and onto the landing outside the apartment so that the other deputies could enter to check on the yelling male. The evidence as to what happened next is disputed. Deputy Sanchez and Deputy Terence Roberts (Deputy Roberts) testified that defendant wriggled free of Deputy Sanchez and kicked her in the stomach; Deputy Sanchez testified to the kick, while Deputy Roberts testified that he saw defendant raising her leg and saw that Deputy Sanchez’s microphone was knocked loose, but did…