People v. Hector CA1/1

Filed 2/4/16 P. v. Hector CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A144534 v. DENNIS HECTOR, (Lake County Super. Ct. No. CR 934572) Defendant and Appellant.

INTRODUCTION In this appeal, appellant Hector challenges a warrantless entry into his home, contending the trial court erred when it denied his motion to suppress because the exigent circumstances exception had dissipated by the time the deputies entered his home. We have reviewed the record here and conclude the officers engaged in objectively reasonable conduct when they entered Hector’s home, in light of the exigencies of the situation. We therefore uphold the trial court’s denial of his motion to suppress and affirm the judgment. STATEMENT OF THE CASE On March 7, 2014, the Lake County District Attorney filed an information charging appellant with cruelty to an animal (Pen. Code, § 597, subd. (a)),1 false imprisonment (§ 236), resisting, delaying or obstructing a peace officer (§ 148,

1 Unless otherwise stated, all statutory references are to the Penal Code.

subd. (a)(1)), and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). The information further alleged appellant was on bail in a separate case at the time of the incident resulting in these charges (§ 12022.1), had two prior strikes (§ 1170.12, subd. (a)-(d), § 667, subd. (b)-(i)), and had served one previous prison term (§ 667.5, subd. (b)). Appellant filed a motion to suppress evidence on April 7, 2014, and a supplemental pleading on May 28, 2014. The trial court denied his motion after a hearing on November 12, 2014. Appellant entered a no contest plea to one count of animal cruelty on February 6, 2015. The several remaining counts, enhancements and allegations were then dismissed in view of his no contest plea. The trial court sentenced Hector to three years in state prison and also imposed an additional concurrent one-year sentence for a misdemeanor in another case. On March 10, 2015, appellant filed a timely notice of appeal. STATEMENT OF FACTS On the morning of January 24, 2014, Lake County sheriff’s deputy Devincenzi answered a report of a woman screaming in an area behind a bar in Clear Lake Keys. The deputy sauntered down a boat ramp behind the tavern. He then heard a female screaming words to the effect of, “No. Don’t. Stop.” A male voice responded, “I’ll fucking kill you.” Devincenzi believed the yelling came from a home across the water and drove in his patrol car toward the location of the screams. An unidentified person, seeing the marked patrol car, pointed in the direction of a house from which the noise was emanating. Approaching the front door of the home, Devincenzi heard the screams of a woman and he banged on the door. Immediately, the screaming ceased. The deputy then heard brief mutterings and movement inside the home and eventual silence. The deputy knocked several times on the front door, advising those inside he was an officer, and moved about the front of the home to see what was happening inside. He also went to the rear of the home. Devincenzi was unable to gain any view into the