P. v. Roland
Filed 3/27/06 P. v. Roland CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE
THE PEOPLE, Plaintiff and Respondent, v. GEORGE ROLAND, Defendant and Appellant. |
A110233
(Alameda County Super. Ct. No. 147997) |
George Roland appeals his conviction by jury trial of battery of a peace officer (Jason Collom) causing injury (Pen. Code, § 243, subd. (c)(2))[1] and misdemeanor battery of a peace officer (Samantha Lachler) (§ 243, subd. (b)).[2] He contends the court erroneously admitted evidence of his prior uncharged misconduct. The parties agree that the court's imposition of a probation revocation restitution fine under section 1202.44 violated the prohibition against ex post facto application of laws and should be stricken. We order the fine stricken and otherwise affirm.
Background
At about 2:00 a.m. on July 11, 2004, University of California at Berkeley (UCB) uniformed Police Officer Samantha Lachler was conducting a security check of the Bechtel Terrace area of the UCB campus. According to Lachler, Berkeley has a large homeless population, and in conducting a security check, her duties include contacting people who are â€