P. v. Williams

Filed 8/15/06 P. v. Williams CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION TWO

APPEAL from a judgment of the Superior Court of Los Angeles County. Barbara R. Johnson, Judge. Affirmed.

Heather Manolakas, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Sharon E. Loughner, Deputy Attorneys General, for Plaintiff and Respondent.

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Curtis J. Williams (defendant) appeals from the judgment entered following a jury trial resulting in his convictions of two counts of resisting arrest (Pen. Code, § 69),[1] of battery with injury on a police officer (§ 243, subd. (c)(2)), and of two lesser included offenses of battery on a police officer (§ 243, subd. (b)). In bifurcated proceedings, defendant admitted that he had one prior conviction qualifying him for sentencing under the three strikes law (§§ 667, subds. (b)–(i), 1170.12) and that he had served three separate prison terms for a felony (§ 667.5, subd. (b)). The trial court sentenced him to an aggregate term of five years in state prison, consisting of a double middle term of two years, or four years, enhanced by a one–year term for having served a separate prison term.

He contends that there was Marsden error. (People v. Marsden (1970) 2 Cal.3d 118 (Marsden).) We find the contention to be without merit, and affirm the judgment.[2]

FACTS

I. The Trial Evidence

The trial evidence established that at approximately 10:50 p.m. on January 29, 2005, R.J. and defendant, an old boyfriend, were at her apartment on South Main Street in Los Angeles. R.J. was living there with her toddler. At the time, defendant was also living with them. That night, R.J. and defendant drank alcoholic beverages and became intoxicated. They argued, and defendant started to become violent. R.J. asked defendant to leave, but he refused. She then sent defendant to the store to get him out of the apartment, and she telephoned 911. She wanted the police to remove him from her apartment.

Los Angeles Police Officers Oseguera and Gamboa were on patrol in full uniform. The dispatcher told them that there was a â€