People v. Hood CA2/2

Filed 9/1/16 P. v. Hood CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B266771

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA065512) v.

SHADAYA HOOD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Andrew E. Cooper, Judge. Affirmed.

Narine Mkrtchyan, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Stephanie C. Brenan, Supervising Deputy Attorney General, and Charles S. Lee, Deputy Attorney General, for Plaintiff and Respondent. ******

A jury convicted Shadaya Hood (defendant) of resisting a peace officer (Pen. Code, § 148, subd. (a)),1 a misdemeanor. On appeal, she challenges the trial court’s (1) refusal to exclude an inculpatory statement she made to the arresting deputy when that statement was disclosed after jury selection but prior to opening statements, (2) failure to instruct the jury of her privilege to use reasonable force in response to the use of unreasonable or excessive force by peace officers, and (3) review, during an in camera hearing, of law enforcement personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We conclude there was no error, and affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts In March 2015, an anonymous caller reported possible domestic violence in an apartment in Palmdale, California. Several Los Angeles County Sheriff’s deputies responded to the call. When they arrived, they heard yelling coming from the apartment reported in the 911 call. Deputy Desiree Sanchez (Deputy Sanchez) knocked on the door, and defendant answered. Deputy Sanchez heard a man yelling from somewhere in the apartment, but defendant refused to say who was yelling and started to close the door. One of the other deputies reached out his arm to stop defendant from closing the door, and Deputy Sanchez grabbed defendant’s forearm and guided her out of the doorway and onto the landing outside the apartment so that the other deputies could enter to check on the yelling male. The evidence as to what happened next is disputed. Deputy Sanchez and Deputy Terence Roberts (Deputy Roberts) testified that defendant wriggled free of Deputy Sanchez and kicked her in the stomach; Deputy Sanchez testified to the kick, while Deputy Roberts testified that he saw defendant raising her leg and saw that Deputy Sanchez’s microphone was knocked loose, but did not see the kick itself. Defendant and