People v. Bergman CA5

Filed 9/8/21 P. v. Bergman 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081864 Plaintiff and Respondent, (Kern Super. Ct. No. BF181070A) v.

DYLAN CHRISTOPHER BERGMAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Stephen D. Schuett, Judge. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant and defendant Dylan Christopher Bergman pleaded guilty to six felony counts arising out of a domestic violence incident and was sentenced to state prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTS1 On May 13, 2020, officers from the Bakersfield Police Department responded to an apartment on a report of a domestic violence incident in progress. When they arrived, a male reported that his mother was punched in the face by defendant. He said his mother had significant bleeding. He ran out of the apartment, but defendant prevented his mother from doing so, and she was still inside with defendant. The officers were advised by dispatch that defendant had a prior arrest for a firearms offense, and he was hostile toward law enforcement. The officers stood outside the apartment’s door and heard a man and woman arguing inside. They knocked and identified themselves, and the arguing stopped. The door was unlocked, and the officers were able to slightly open it. Someone inside the apartment immediately slammed it shut and turned the deadbolt. The officers believed there were exigent circumstances to support an emergency entry and kicked out the bottom of the door. They could see the lower part of defendant’s body, and repeatedly ordered him to exit the apartment. Defendant failed to comply. Defendant shouted profanity and racial slurs at the officers. A small dog ran out of the broken lower half of the door, and it was covered with blood but not hurt. The officers believed someone inside the apartment was seriously injured.