Filed 4/18/18 P. v. Caraccioli CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA



THE PEOPLE,

Plaintiff and Respondent,

v.

FRANCO CARACCIOLI,

Defendant and Appellant.
D072760



(Super. Ct. No. SCD267282)

APPEAL from a judgment of the Superior Court of San Diego County, Louis R. Hanoian, Frederick Maguire, Judges. Affirmed.
Sheila Quinlan, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.

I
INTRODUCTION
Franco Caraccioli pleaded guilty to one count of false imprisonment by menace (Pen. Code, §§ 236, 237, subd. (a)); one count of battery of a current or former significant other (§ 243, subd. (e)(1)); two counts of making a criminal threat (§ 422); two counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)); two counts of attempting to dissuade a witness from reporting a crime (§ 136.1, subd. (b)(1)); one count of battery (§ 242); one count of false imprisonment (§ 236); one count of vandalism (§ 594, subds. (a),(b)(2)(A)); two counts of animal cruelty (§ 597, subd. (a)); one count of resisting an officer (§ 148, subd. (a)(1)); two counts of disobeying a court order (§ 166, subd. (a)(4)); and one count of violating a protective order (§ 166, subd. (a)(1)). As to one of the counts of assault by means of force likely to produce great bodily injury, he also admitted he inflicted great bodily injury on a nonaccomplice (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)).
The court suspended imposition of sentence and placed Caraccioli on formal probation for eight years, subject to various terms and conditions, including a condition requiring him to serve 365 days in jail. The court also issued orders requiring him to pay victim restitution totaling $2,779.61 and to refrain from contacting any of the victims in this case.
Caraccioli appeals. His court-appointed appellate attorney filed a brief under People v. Wende (1979) 25 Cal.3d 436, 441–442 (Wende), which raised no issues and requested we independently review the record to determine if the trial court committed any error. Caraccioli filed a supplemental letter brief asserting the court erred by denying his motion to dismiss the criminal complaint.
We have independently reviewed the record on appeal and considered the briefs filed by Caraccioli and his appointed appellate counsel. We conclude the appeal raises no reasonably arguable issues and affirm the judgment.
II
BACKGROUND
A
1
According to the evidence presented at the preliminary hearing, after spending time at a club drinking and dancing, Caraccioli, a woman he had recently started dating (girlfriend), a female acquaintance, and a male acquaintance went to Caraccioli's apartment. Caraccioli's roommate and the roommate's two small dogs were also there.
A dispute arose between Caraccioli and the two acquaintances over whether the girlfriend would stay or leave. At the time, Caraccioli, the girlfriend, and the female acquaintance were in Caraccioli's bedroom and the male acquaintance was standing just outside the room. When the two acquaintances and the girlfriend went to leave, Caraccioli pushed the female acquaintance out of his room, pushed the girlfriend onto his bed, and blocked the door to the room with his arm. He told the two acquaintances they could leave, but he said the girlfriend was staying. As the female acquaintance tried to pull the girlfriend out of the room, Caraccioli and the male acquaintance started shoving one another.
The male acquaintance told the roommate to call the police. When the roommate started calling the police, Caraccioli went to the roommate, grabbed the roommate's cell phone, and threw it to the floor. The male acquaintance then tried to call the police.
While the male acquaintance was on the phone, Caraccioli put his hands around the female acquaintance's neck, making it difficult for her to breathe. Caraccioli then grabbed the female acquaintance by her hair and pushed her head against the wall, knocking her unconscious. When the male acquaintance tried to help the female acquaintance, Caraccioli started punching the male acquaintance's face, causing the male acquaintance's phone to fall to the floor. As Caraccioli was punching the male acquaintance's face, Caraccioli said he was going to kill "them," meaning the girlfriend, the female acquaintance, the male acquaintance, and the roommate.
The male acquaintance returned the punches and pushed Caraccioli to the other side of the floor. Around then, the female acquaintance regained consciousness. She tried to get up, but her body would not respond and she kept falling. The male acquaintance grabbed her and helped her leave. The girlfriend and the roommate went with them, although Caraccioli tried to stop the roommate by grabbing the roommate's right wrist as the roommate left the apartment. The roommate freed himself and escorted the girlfriend and the two acquaintances out of the apartment, into the elevator, and down to the lobby, where they waited for the police. The roommate's dogs remained in the apartment.
When police officers arrived, the roommate gave them permission to enter the apartment; however, the roommate did not have his keys with him because he had left them in the apartment. Two officers went up to the apartment, knocked on the door, and announced themselves as police officers. They could hear movement inside the apartment, but no one answered them or opened the door.
The officers requested assistance from a K-9 team and obtained a key from building maintenance. They used the key to open the door, then announced themselves again. No one responded. They entered the apartment with pistols drawn and waited in the entryway for the K-9 team to arrive. When the K-9 team arrived, the officers moved into the living room and announced their presence. Caraccioli's bedroom door opened, Caraccioli came out, and the officers took him into custody.
Caraccioli showed obvious signs of intoxication. As the officers attempted to escort him out of the apartment, he would not follow the officers' instructions and he let his body go limp, becoming dead weight and requiring the officers to pick him up and carry him to the elevator. He also purposely vomited in the patrol car.
When an officer told the roommate, he could return to the apartment, the roommate checked on his dogs. He went into his bedroom and found it disheveled. One dog was in his crate. The other dog was hiding under the roommate's bed. Both dogs had injuries and blood on them. The roommate's bed had been moved and torn apart, a hole had been kicked in the wall, and blood and animal feces had been spread on the wall, on the floor, and on the roommate's bed and clothes.
At Caraccioli's arraignment, the court issued a criminal protective order covering the girlfriend, the roommate, and the two acquaintances. For several months from the time the court issued the protective order until a few weeks before the preliminary hearing, Caraccioli continued contacting the girlfriend. Caraccioli also returned to the apartment, contacted the roommate, recorded the roommate without permission, and made derogatory remarks to the roommate.
2
Caraccioli testified he did not hear the officers knock on the apartment door. He heard a dog barking and someone yell he was under arrest and to come out with his hands in the air. He opened his bedroom door slightly and saw four assault rifles and two shotguns pointed at him. He asked if the officers had a warrant and what they were doing there. They interrupted and demanded he come out "now." He came out and again asked them for a warrant. They told him to get down on his knees. Fearing for his life, he submitted to an arrest. He denied doing anything to delay or obstruct the officers.
B
After the preliminary hearing, Caraccioli moved to dismiss the criminal complaint on the ground the police officers entered his home and arrested him without a warrant and absent circumstances permitting a warrantless arrest. He also sought to suppress his arrest and any testimony taken from him after the arrest. He was not seeking to suppress any other evidence. The court denied the motion.
C
Caraccioli later moved to dismiss one of the attempting to dissuade a witness charges and the two animal cruelty charges for insufficient evidence. Caraccioli subsequently withdrew the motion as to the two animal cruelty charges and the court denied the motion as to the attempting to dissuade a witness charges.
D
Just before the trial was to commence, Caraccioli pleaded guilty to all the charges and allegations against him. As the factual basis for his guilty plea, he stated on his guilty plea form, "I did unlawfully violate the personal liberty of [the girlfriend] by menace. (Ct 1). I also used force upon her. (Ct 2). I also committed an assault on [the female acquaintance] by means of force likely to produce [great bodily injury (GBI)] in which I personally inflicted GBI (Ct 3). I also willfully threatened to commit a crime that would result in death and GBI to [the female acquaintance and the male acquaintance] that I intended to be taken as a threat which was immediate and specific causing those individuals to be in sustained fear for their safety. (Cts 4, 6)."
"I committed an assault upon [the male acquaintance] by means of force likely to produce GBI. [(Ct 5).] I unlawfully prevented [the male acquaintance and the roommate] (victims of crime) from making a report of that victimization to police. (Cts 7, 8). I willfully used force and violence against [the roommate] (Ct. 9). I unlawfully violated the personal liberty of [the roommate]. (Ct 10). I also unlawfully caused damage to personal property of another, value less than $400. (Ct 11). I maliciously and intentionally wounded two animals. (Cts 12, 13). I willfully and unlawfully resisted and delayed a police officer attempting to discharge a duty. (Ct 14). ... I unlawfully committed contempt of court by disobeying a court order lawfully issued by a court, to wit a protective order. (Cts 15, 16). ... I knowingly violated a protective order issued in open court. (Ct 17)[.]"
III
DISCUSSION
Appointed appellate counsel filed a brief summarizing the facts and proceedings below. Counsel presented no argument for reversal and instead requested we independently review the record for error as mandated by Wende, supra, 25 Cal.3d at pages 441–442.
To aid our review, and consistent with Anders v. California (1967) 386 U.S. 738, 744, counsel identified one possible appellate issue (Anders issue): Was there a valid basis to challenge a denial of the motion to dismiss? In addition, Caraccioli filed a supplemental letter brief, asserting the trial court should have granted his motion to dismiss because his warrantless arrest was unlawful. (But see, People v. McGaughran (1979) 25 Cal.3d 577, 582–583 [an unlawful arrest may provide a basis for excluding incriminating evidence seized after the arrest for use against the arrestee, but a warrantless arrest does not immunize the arrestee from criminal liability and, therefore, does not bar criminal prosecution of the arrestee].)
We conducted an independent review of the record, including considering the Anders issue identified by appointed appellate counsel and the points raised in Caraccioli's supplemental letter brief. Our review did not disclose any reasonably arguable appellate issues. Caraccioli has been competently represented by counsel in this appeal.
IV
DISPOSITION
The judgment is affirmed.


MCCONNELL, P. J.

WE CONCUR:



HALLER, J.



IRION, J.