P. v. Monterroza

Filed 5/23/06 P. v. Monterroza CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

Herbert Monterroza challenges the denial of his suppression motion after pleading guilty to two counts of voluntary manslaughter of his parents. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The trial court summarized the relevant facts as follows. Officer Choy received information at approximately 1:00 a.m. regarding an emergency call from a woman named Claudia, who reported the presence of a prowler, and stated that she heard her parents screaming for help from upstairs. When Officers Choy and Lozada arrived about five minutes later, they did not see anyone outside the residence. Officer Choy went up the stairs and looked in the window, but couldn't see anything because it was dark. Officer Lozada stayed in front to watch for anyone trying to leave the building. The officers were uncertain whether the prowler was inside or outside the residence.

Officer Choy saw a light from the back of the building and knocked on the windows and front door, where there was a closed gate. Defendant came to the door and spoke with Officer Choy, who identified himself as a police officer. Defendant was cooperative, spoke calmly, and opened the gate when asked. He told the officer everything was â€