People v. Resendez CA2/6

Filed 5/21/15 P. v. Resendez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B256614 (Super. Ct. No. KA103784) Plaintiff and Respondent, (Los Angeles County)

v.

MICHAEL RESENDEZ,

Defendant and Appellant.

Michael Resendez appeals a judgment following conviction of battery, with a finding that he committed the criminal offense to benefit a criminal street gang. (Pen. Code, §§ 242, 186.22, subds. (b), (d).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY In the early evening of November 19, 2013, Isabell Gutierrez noticed Resendez "staggering" in the street outside her home. Resendez's behavior appeared odd; he stared at Gutierrez and held a "very tense" posture. Resendez then walked along the driveway of the Gutierrez residence and approached Gutierrez. She asked if she could assist him, but he stared at her and did not respond. Resendez then "lifted . . . his shirt up" and walked to the neighboring property. Gutierrez telephoned for police assistance.

1 All further statutory references are to the Penal Code unless stated otherwise.

Resendez entered the home of Irma Flores through an unlocked back door. Flores's sister saw Resendez attempt to open the locked door of a bedroom occupied by Jesus Bernal, the boyfriend of Flores's daughter. At the time, Bernal and his infant were asleep. Flores's sister became frightened and screamed that an intruder was present. Resendez walked along the hallway of the Flores home, staring at the walls, ceiling, and a painting. Flores opened the front door, stood behind it, and encouraged Resendez to leave. The commotion awoke Bernal who then walked outside. Resendez was "looking around" and walked through the gate of another residence. Bernal recognized Resendez as an inhabitant of a nearby residence that was frequented by members of the "East Side Bolen" criminal street gang. Bernal repeatedly warned Resendez to leave, but Resendez responded twice, "This is my hood." Bernal and Resendez approached each other. Bernal asked Resendez his purpose in entering the Flores residence. Resendez again responded, "This is my hood." Bernal testified that Resendez "looked normal . . . [n]o drugs, no alcohol, . . . talk[ed] . . . normal." Resendez then punched Bernal in the face. Bernal, a self-described "big ass guy," responded by punching and kicking Resendez to the ground. Baldwin Park Police Officer James Gallegos soon arrived and stopped the altercation by drawing his service weapon and Taser. During a subsequent search of Resendez, Gallegos found a baggie of methamphetamine and an unused syringe. Baldwin Park Police Detective Jason Adams testified as a criminal street gang expert regarding Baldwin Park gangs. Adams stated that the Locos, a subset of the East Side Bolen gang, controls the area near the Gutierrez and Flores residences. Adams described the principal activities of East Side Bolen as committing crimes of theft, making criminal threats, narcotics and weapon sales, and murder. Resendez, a self- admitted member of East Side Bolen, has a "Locos" tattoo on his neck, an "ES" and a "BP" tattoo on his hands, and a "East Side Bolen" tattoo on his back. Adams opined that Resendez is a mid-level member of East Side Bolen. Adams also opined that Resendez's battery on Bernal stemmed from Resendez's