P. v. Lopez
Filed 2/7/07 P. v. Lopez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. NILSSON LOPEZ, Defendant and Appellant. | E040553 (Super.Ct.No. FSB055083) O P I N I O N |
APPEAL from the Superior Court of San Bernardino County. Brian S. McCarville, Judge. Affirmed in part and reversed in part with directions.
Vicki Marolt Buchanan, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Jeffrey J. Koch, Supervising Deputy Attorney General, and Scott C. Taylor, Deputy Attorney General, for Plaintiff and Respondent.
Defendant and appellant Nilsson Lopez pled guilty to spousal abuse under Penal Code[1] section 273.5, subdivision (a), and admitted a prior conviction under section 273.5, subdivision (e). The trial court sentenced defendant to three years' probation. On appeal, defendant contends that one of the probation conditions is constitutionally overbroad. We agree.
I. FACTUAL AND PROCEDURAL HISTORY[2]
On March 19, 2006, officers were dispatched to a report of domestic violence. The reporting party stated that a woman in a neighboring apartment was screaming for help and there were sounds of fighting. Officers arrived at the residence and knocked on the door. Defendant opened the door slightly and then allowed the officers to enter. Defendant appeared to be under the influence of alcohol. When asked where his wife was, defendant stated that he did not know. When the officers heard noises coming from a bedroom, they went toward the noise and discovered a woman (the victim) lying on a bed covered by a blanket. The victim was crying, her face was red, and she had a bruise on her upper arm. She stated that her boyfriend, defendant, had hit her and that she wanted him arrested.
When asked whether there were weapons in the residence, defendant stated there were three shotguns and a bomb. Defendant was verbally abusive and physically resisted the officers when they arrested him. As defendant was led from the apartment, he yelled to the victim, â€
