P. v. Old

Filed 2/16/07  P. v. Old CA4/2

NOT TO BEPUBLISHED IN OFFICIAL REPORTS

CaliforniaRules of Court, rule 977(a), prohibits courts and parties from citing orrelying on opinions not certified for publication or ordered published, exceptas specified by rule 977(b).  This opinion has not been certified forpublication or ordered published for purposes of rule 977.

IN THE COURT OFAPPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATEDISTRICT

DIVISION TWO

            APPEAL from the Superior Court of San BernardinoCounty.  Bryan Foster, Judge.  Affirmed.

            Phillip I. Bronson,under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Robert R. Anderson,Chief Assistant Attorney General, Gary W. Schons, Senior Assistant AttorneyGeneral, and Scott C. Taylor, Supervising Deputy Attorney General, forPlaintiff and Respondent.

            DefendantMichael Brett Old pled guilty to possession of methamphetamine(Health & Saf. Code, § 11377, subd. (a)) and is serving a two-yearsentence in state prison.  He appeals the trial court's denial of his motion to suppress evidence seized by alaw enforcement officer who made a warrantless entry into his apartment whilehe was involved in a domesticdispute with his girlfriend.

FACTUAL AND PROCEDURAL HISTORY

            Just after 11:00 p.m. on a summer evening, San Bernardino County Sheriff's Deputy Joshua Smith wasdispatched to an apartment after a neighbor reported a domestic disturbanceinvolving screaming, yelling, and crashing noises.  When he arrived at thescene, Deputy Smith approached the door of the apartment and heard male andfemale voices screaming and yelling.  The door was cracked open about an inch. While he was standing at the door, the voices became louder.  Through a windowlocated right next to the door, Deputy Smith could see inside the living roomand noticed some broken glass on the floor.  He knocked on the front door,which pushed it open more, and, at the same time, he said â€