P. v. Francis
Filed 7/5/06 P. v. Francis CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MARQUES DEVAUGHN FRANCIS, Defendant and Appellant.
|
F047836
(Super. Ct. No. VCF133054)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge.
James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Louis M. Vasquez, Kathleen A. McKenna and Connie A. Proctor, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Appellant Marques Devaughn Francis was convicted after a jury trial of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (c), count one) and resisting an executive officer in the execution of his or her duties (Pen. Code, § 69, count two). The jury found true a dangerous weapon enhancement alleged as to count two (Pen. Code, § 12022, subd. (b)). The trial court sentenced Francis to prison on count one for the midterm of four years. The court stayed appellant's sentence on count two pursuant to Penal Code section 654. The court imposed a restitution fine and granted applicable custody credits.
On appeal, Francis contends the trial court erred in denying his motion to review the police records of one of the arresting officers. Appellant further contends the trial court erred in failing to instruct the jury with CALJIC No. 17.01, the unanimity instruction.
FACTS
Prosecution Case
On August 30, 2004, Officer James Kelly of the Tulare Police Department drove to an apartment complex located at 447 North Gem to serve a protective order. Kelly was driving a marked police car and was wearing a uniform. As Kelly entered the complex, he saw two people on the north side of the parking lot near a hiking path. Lashonda Simpson yelled, â€
