People v. Guerrero CA5

Filed 12/10/15 P. v. Guerrero CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069254 Plaintiff and Respondent, (Super. Ct. No. CRL010934A) v.

ERIBERTO MARTIN GUERRERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Marc A. Garcia, Judge. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Henry J. Valle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Peña, J. and Smith, J.

Eriberto Martin Guerrero was convicted of child endangerment and misdemeanor resisting a police officer. He admitted two prior prison term enhancements, and was sentenced to an aggravated term of eight years in prison. Guerrero argues the trial court erred in admitting evidence of the information provided to the police officers by the dispatch center that led to their coming to the scene of the incident. He further argues the trial court erred in admitting evidence discovered where Guerrero was hiding because it was not directly tied to him. In this case, we need not decide whether error occurred, because the evidence against him was overwhelming and undisputed. Accordingly, any possible error was not prejudicial under any standard of review. We will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The Information The information charged Guerrero with child endangerment (Pen. Code, § 273a, subd. (a)),1 and misdemeanor resisting an officer (§ 148, subd. (a)(1)). The child endangerment count also alleged two prior prison term enhancements within the meaning of section 667.5, subdivision (b). The Testimony The testimony was limited to two witnesses. Los Banos Police Officer Ivan Mendez testified that on the day in question he received a call from the dispatch center that there was a fight in progress at a specific location. While enroute Mendez received further information identifying the suspect as a male wearing a brown shirt and blue jeans. The report indicated the male was also attempting to stab a female. Involvement of the knife made the incident more serious. Several officers arrived at the scene at approximately the same time as Mendez. Upon his arrival, Mendez saw a male, later identified as Guerrero, and a female. Upon