P. v. Powers
Filed 6/27/06 P. v. Powers CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. CHAD POWERS, Defendant and Appellant. | B184734 (Los Angeles County Super. Ct. No. BA273641) |
APPEAL from a judgment of the Superior Court of Los Angeles County. George G. Lomeli, Judge. Affirmed.
Mark S. Givens for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie C. Brenan and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
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Chad Powers appeals from a judgment entered upon his conviction by jury of violating Penal Code section 69[1] for resisting an executive officer in the performance of his duties by threat of violence. He contends that there is insufficient evidence to sustain the conviction. We find substantial evidence supports the conviction and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Under the substantial evidence standard of review discussed post, we view the evidence in a manner supporting the judgment. (People v. Snow (2003) 30 Cal.4th 43, 66.)
On October 30, 2004, appellant and his wife, Linda, argued over his request that she purchase methamphetamine and cocaine for him. When she refused, he grabbed her arms, held them together and raised a fist in front of her face, although he did not strike her at that time. To de-escalate the situation, Linda went into her infant son's bedroom and lay down next to him in the crib, where she fell asleep. She was awakened when appellant entered the room looking for her. He started to punch her in the crib but she raised her arm which suffered the blow. The couple continued arguing, and Linda called 911 because she was afraid of appellant in his agitated mental state. Appellant was drunk, having consumed 12 or 24 beers.
Four officers from the 77th Area Domestic Abuse Response Team responded. Upon arriving at the residence, Officer Ferrato found Linda outside. She had been crying and said her husband was â€
