People v. Stewart CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2017, defendant pleaded no contest to felony violation of Penal Code section 273.5 (statutory section citations that follow are to the Penal Code), infliction of corporal injury on a spouse or cohabitant. On May 17, 2017, the trial court suspended imposition of sentence and imposed formal probation. A condition of defendant’s probation was that he violate no laws. On January 17, 2020, the People filed a petition for revocation of probation, asserting that, on October 26, 2019, defendant committed two counts of resisting, delaying, or obstructing an officer in violation of section 148, subdivision (a)(1).

The People’s Case

At approximately 3:12 a.m. on October 26, 2019, Sergeant Schmidt and Officer Lauren Meyer were both in uniform and both in marked patrol vehicles when they responded to reports of a structure fire. When they arrived at the location, Schmidt and Meyer both saw an apartment with smoke inside and Meyer heard a fire alarm. They began pounding on the apartment door. When they arrived, firefighters forced entry into the apartment. They went in, came out, and reported that the smoke was from a stove or oven fire, and there was…