People v. Knoefler CA3

Filed 4/1/14 P. v. Knoefler CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sierra) ----

THE PEOPLE, C072549

Plaintiff and Respondent, (Super. Ct. No. CR02970X)

v.

KANE KENNETH KNOEFLER,

Defendant and Appellant.

Two citizens and three police officers testified that defendant Kane Kenneth Knoefler, in a drunken rage, threatened them and fought strenuously to resist arrest. A jury convicted him of one count of making a criminal threat (Pen. Code, § 422) and three counts of resisting a peace officer (Pen. Code, § 69). On appeal, defendant contends the trial court abused its discretion during its review of sealed transcripts of the officers’ personnel files pursuant to his Pitchess motion1 and by refusing to play an audiotape,

1 See Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); Evid. Code, §§ 1043- 1045.

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recorded by one of the arresting officers, that had not been transcribed. Finding no abuse of discretion, we affirm. FACTS Neither the citizens whom defendant verbally abused nor the police officers he threatened wanted the night of July 22, 2012, to end as it did. Standing on the street inebriated, defendant shouted obscenities and tried to provoke two construction workers who had rented an apartment near the bar defendant frequented. Instead, they attempted to diffuse his anger and invited him up for a drink and some food. They were not the only targets of his wrath. An owner of a local restaurant had just begun to relax after work when she heard a lot of noise and went out onto her balcony. Defendant started shouting profanities at her as well. She asked him to stop. While she was calling the police, he took his penis in his hand and told her she needed it. When asked by the dispatcher if defendant had any weapons, she asked if defendant’s penis would count. She testified she was so terrified she vomited. The police, who arrived in uniforms and marked cars, did not seek to arrest anyone but simply asked defendant and his friends to disperse because neighbors had complained about the noise. Defendant, shirtless, was demonstrably agitated. According to the officers, he was “hopping around on the balls of his feet like a boxer,” spewing threats and obscenities. He warned, “I’m a trained cage fighter. I’ll fuck you up.” He told Deputy Nathan Rust he was a “fat fucker” and Deputy Nicole Pastore he was going to “fuck you in all your holes.” At this point, defendant remained on a balcony while the officers interviewed the construction workers on the street and attempted to restore order. The construction workers gave them permission to enter their apartment. Deputy Pastore, a former New York police officer and firefighter, testified that she remained on the street level because she could see bottles of hard alcohol and beer, which she feared could be thrown at her; she knew there was at least one weapon in the