P.

P. v. Guanill CA1/2

Good Law
Court of Appeal of CaliforniaMarch 26, 2013A136118California2,110 words

Opinion

Opinion

Lambden, J.

BACKGROUND

Appellant’s Underlying Offense San Francisco Police Officer James Johnson testified that he responded to a call regarding a battery at an apartment complex on 402 Broadway Street in San Francisco. At the scene, Johnson encountered the victim Connie Calzudes who was “hysterical.” Calzudes was in tears, and she screamed, “ ‘Help me. He choked me.’ ” Johnson noticed

1 Further section references are to the Penal Code unless otherwise indicated.

1 red markings along Calzudes’s throat and a large lump that covered her left eye. Calzudes stated that the perpetrator was “ ‘Fernando,’ ” and gave Johnson Fernando’s room number. Johnson went to Fernando’s room with several police officers. Johnson stated that he knocked on Fernando’s door while identifying himself as “ ‘San Francisco Police Officer.’ ” There was no response. One of the officers obtained a key to Fernando’s room, but the officer could only unlock one of the two locks on the door. As the officers waited, someone inside the room relocked the lock that was just unlocked. After Johnson continued to knock on the door, one of the officers advised the person in the room that the person had five seconds to open the…

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