People v. Campos CA2/7

Filed 11/6/13 P. v. Campos CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B245614

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA098209) v.

MANUEL CAMPOS, JR. et al.,

Defendants and Appellants.

APPEAL from judgments of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed. David Cohen, under appointment by the Court of Appeal, for Defendant and Appellant Manuel Campos, Jr. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant Vincent Stephen Del Greco. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, James William Bilderback II, Deputy Attorney General for Plaintiff and Respondent.

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After a joint trial by jury, Manuel Campos Jr. and Vincent Stephen Del Greco were each found guilty of conspiracy to commit first degree burglary and resisting, obstructing or delaying a peace officer. On appeal, Del Greco challenges the sufficiency of the evidence to support his misdemeanor conviction of resisting, delaying, or obstructing a peace officer. Finding the evidence is sufficient, we affirm. Campos also filed a timely notice of appeal. However, his appellate counsel found no arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436. Following our review of the record, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND 1. The Crimes While he was off-duty, Los Angeles County Sheriff’s Deputy Michael Galvan1 suspected four people he saw moving around outside a house, belonging to Joseph Clifton and his wife, were committing residential burglary. Galvan notified the Sheriff’s Department and continued to watch the suspects. Deputy Victor Iniguez responded to a radio call of the residential burglary report by driving to the condominium complex where the suspects’ vehicle, a tan Chevy Blazer, was last seen. Iniguez found the Blazer in a parking lot stall and stopped his patrol car behind it at an angle, facing the passenger side. Iniguez immediately noticed a female in the front passenger seat. Although it was daylight, he was unable to see any other occupants through the Blazer’s tinted windows. Iniguez drew his service revolver and stepped out of his patrol car. He was in full uniform at the time. Before Iniguez could issue any commands, the Blazer’s driver’s door opened and Del Greco jumped out and ran away. Iniguez did not give chase, but radioed Del Greco’s description and his direction of flight to assisting deputies. The deputy then yelled for the Blazer’s remaining occupants to step out of the vehicle and to show their hands.