People v. Frerks CA3

Filed 4/26/16 P. v. Frerks CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C079114

v. (Super. Ct. No. CM041348)

ANDREW ALLEN FRERKS,

Defendant and Appellant.

Defendant Andrew Allen Frerks pleaded no contest to possession of a firearm by a felon and possession of ammunition by a felon, and admitted a prior felony conviction. Then, after a court trial, the trial court convicted him of resisting an executive officer and found true a prior strike allegation. The trial court sentenced defendant to five years four months in prison. Defendant now contends there is insufficient evidence to support his conviction for resisting an executive officer. (Pen. Code, § 69.) We will affirm the judgment.

1

BACKGROUND On July 8, 2014, about 7:30 a.m., the Butte County Sheriff’s Department SWAT team executed a search and arrest warrant for defendant and his caretaker, Rodney Baker, at defendant’s rural property. The warrant was high-risk because defendant and Baker were allegedly armed and possibly violent toward law enforcement. While executing the warrant, deputies wore green protective vests with the word “Sheriff” written in large yellow letters on the front, shoulders, and back, along with helmets and camouflaged clothing. To drive onto the property, deputies used a BearCat, which is a four-wheeled armored vehicle, and a marked patrol car. It was light outside when they executed the warrant. Deputies found and detained Baker in a clearing, about 100 to 300 feet away from defendant’s residence. They proceeded to defendant’s front door, where they knocked and yelled, “Sheriff’s office, search warrant, demanding entry!” Deputies continued the knock notice for 18 seconds, but there was no response. Deputies detonated two flash- bang distraction devices outside the residence and then immediately entered through the unlocked front door. Detective Paley, who was holding a ballistic shield marked with the word “Sheriff,” was the first to enter the home, with Detective Calkins directly behind. As both deputies entered the home, they saw defendant seated in a reclining chair about three to five feet from the front door. Defendant was leaning over at the waist, reaching with an empty hand to a cabinet on his right. The deputies had been told defendant kept a nine-millimeter handgun next to his recliner chair. Paley yelled at defendant to show his hands, but defendant failed to comply. Paley then noticed a handgun in defendant’s hands and yelled in warning to the other deputies. Calkins also saw defendant fumbling with a handgun between his knees, and defendant’s hands were shaking. Both deputies understood defendant’s conduct as threatening.