People v. Cabrera CA3

Filed 4/14/25 P. v. Cabrera CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C100614

Plaintiff and Respondent, (Super. Ct. No. 23CF00693)

v.

ADRIAN JOSEPH CABRERA,

Defendant and Appellant.

Appointed counsel for defendant Adrian Joseph Cabrera asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant. We therefore affirm. BACKGROUND In January 2023, police officers responded to the report of a “suspicious male,” later identified as defendant, who jumped a fence to gain access to a backyard. The officers found defendant in a residential carport, put him into their patrol car, and took him back to his father’s house. When they arrived at his father’s house, the officers took defendant out of the patrol car and waited for his father. While they were waiting,

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defendant said to one of the officers, “ ‘I promise you I will kill you in your mother fucking sleep bitch. And that’s on everything I fucking love [n-word]. I promise you [n- word]. Take it as a threat or whatever the fuck you want [n-word]. I promise you [n- word]. I will kill you in your mother fucking sleep [n-word] bitch. I promise you; I will kill your kids and everything [n-word]. I promise you [n-word]. Your kids are dead [n- word]. Straight the fuck up. I don’t care what you got to say [n-word].’ ” He also told the officer: I will “slit your fucking throat.” After he was identified by his father, the police officers arrested defendant for making criminal threats. As they walked defendant back to the patrol car, he kicked a second officer in the leg. The officers then “[took defendant] to the ground and kept [him] there until he complied with the officer’s directives.” As a result, defendant “sustained a bleeding lip;” the officers called for emergency medical services. While they waited for emergency medical services, defendant said to one of the officers, “ ‘I will slit your throat and watch you bleed out.’ ” Once defendant was back in the patrol car, defendant kicked one of the officers a second time and refused to sit up. As the officer attempted to secure defendant with a seat belt, defendant “ ‘head-butted’ ” the officer and kicked him in the chest. Defendant continued to call both officers the n-word while kicking the patrol car’s door and the metal bars on the car’s window. At one point, defendant spit in the officer’s face. When the officers were finally able to close the patrol car door, defendant started kicking and banging his head against the car door and window. When one of the officers told defendant to stop, defendant demanded to be released to his father and tried to kick the officer. Defendant told the officer he would kick him “ ‘in the fucking face’ ” if the officer got near him. As the police officers drove defendant to the county jail, defendant continued to tell them he would slit their throats. He also continued to hit his head against the patrol car window. The officers stopped en route and again contacted emergency medical