P. v. Olivares
Filed 3/28/06 P. v. Olivares CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO
| THE PEOPLE, Plaintiff and Respondent, v. STEVEN OLIVARES, Defendant and Appellant. | A106033 (Del Norte County Super. Ct. No. CRPB 02-5200) |
Introduction
Appellant Steven Olivares, an inmate of Pelican Bay State Prison, was convicted following a jury trial of attempted murder, assault by a life prisoner by means of force likely to produce great bodily injury, and possession of a deadly weapon in prison by a prisoner.On appeal, he contends he was deprived of due process, a fair trial, and the right to defend against all evidence pursuant to the Sixth and Fourteenth Amendments of the United States Constitution when the trial court denied his motion for a new trial on the grounds of prejudicial juror misconduct.We shall affirm the judgment.
Factual and Procedural Background
Appellant was charged by information with one count of attempted murder (Pen. Code, §§ 187, 664), with special allegations of great bodily injury and personal use of a deadly weapon (Pen. Code, §§ 12022.7, 12022, subd. (b)); assault by a life prisoner by means likely to produce great bodily injury with a special great bodily injury allegation (Pen. Code, § 4500); and possession of a deadly weapon in prison by a prisoner (Pen. Code, § 4502, subd. (a)).
Testimony at trial indicated that on September 8, 2002, correctional officer Terry Gavin was on duty in the control booth in Pelican Bay State Prison's E Pod, watching as inmate Salmeron exercised in the yard alone. The inmate called to Gavin, asking permission to use the restroom. The officer electronically opened the exercise yard door and watched Salmeron walk up the stairs toward his cell, number 219. As Salmeron reached the top of the stairs, approximately six feet in front of cell 220, Gavin saw an â€
