People v. Mendez CA4/3

Filed 11/13/23 P. v. Mendez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061734

v. (Super. Ct. No. 20NF0997)

ROLANDO MENDEZ, OPINION

Defendant and Appellant.

Appeal from judgment of the Superior Court of Orange County, Terri K. Flynn-Peister, Judge. Affirmed. James M. Keho, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Assistant Attorneys General, Eric A. Swenson and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted defendant Rolando Mendez of aggravated assault on a 1 peace officer (Pen. Code, § 245, subd. (c); count 1) ; two counts of resisting and deterring an executive officer (§ 69; counts 2 and 3); battery on a peace officer (§ 243, subd. (b); count 4); and resisting and obstructing a peace officer (§ 148, subd. (a)(1); count 5). The court suspended imposition of sentence on all counts, placed defendant on probation for two years, and ordered him to serve 60 days in county jail. On appeal, defendant contends there was insufficient evidence to support his conviction on count 1 because there was insufficient evidence he used force likely to produce great bodily injury. We disagree and affirm the judgment.

FACTS In May 2020, defendant called the police because his brother was “acting strangely.” When La Habra police officers responded to defendant’s home, they observed defendant and his brother fighting on the living room floor. Defendant appeared to be restraining his brother, and a woman who was in the house said the brother might have been under the influence of a narcotic. The officers handcuffed the brother for everyone’s safety but told him he was not under arrest. Officer Justin Bender also instructed defendant to “step back.” Defendant responded, “‘No, man, I’m good.’” Officer Bender placed his hand with open palm and fingers toward defendant’s chest but did not touch him. Defendant slapped the officer’s hand away, and the officer “reached up with both of [his] arms in [an] attempt to grab . . . defendant by his arms and shoulders area.” Defendant then used a “right closed fist” to “strike [the officer] in the left side of [his] jaw.” Officer Bender testified the blow caused him to experience blurred vision and “kind of knocked [him] off balance for a second.” After he was punched, Officer Bender maintained a grip on defendant and pushed him