People v. Vega CA2/7

Filed 3/14/16 P. v. Vega 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262911 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA077074) v. ANTHONY DAMON VEGA, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathryne Ann Stoltz and Daniel B. Feldstern, Judges. Affirmed. Anthony Damon Vega, in pro. per. and Daniel B. Feldstern, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Following a confrontation with four police officers, Anthony Damon Vega was charged with several felony and misdemeanor counts of assaulting and resisting a police officer. Representing himself, Vega filed a motion to suppress statements and observations of the police officers, as well as his own statements, made after he was asked to step out of his parked car, which he argued was an illegal detention. The motion, heard concurrently with Vega’s preliminary hearing, was denied. Vega was subsequently convicted by a jury on three felony counts and one misdemeanor count based on the incident. In a bifurcated trial the jury found true special allegations Vega had suffered a prior strike conviction and had served a prior prison term for a felony. Vega was sentenced to an aggregate state prison term of 16 years eight months. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND 1. The Suppression Hearing On the night of May 27, 2013 an individual reported to police that a suspicious male was knocking on the front door of a neighboring house, known to law enforcement as a site of gang activity. San Fernando Police Officers Jorge Bayardo and Michael Delgado responded to the call. When they arrived, the house was dark. No one was on the front porch or in the front yard. Officer Delgado testified, when he approached the house, he heard a noise and noticed Vega sitting in the front passenger seat of a car parked on the street in front of the house. Delgado asked Vega if he lived in the house. Vega, who appeared agitated, said, “What the fuck do you care?” Delgado told Vega to relax, explained that he and Officer Bayardo were responding to a call and again asked if Vega lived at the house. Vega cursed the officer. Delgado then asked Vega to step out of the car, and Vega complied. Once out of the car, Vega, a large man, advanced toward Officer Delgado, who backed away because Vega’s hands were concealed inside his sweatshirt. Delgado told Vega three times to remove his hands from inside his sweatshirt. Vega ignored the command and continued to curse the officer. Delgado radioed for assistance and used his pepper spray to attempt to control Vega. Vega displayed his hands and walked to the