P. v. Morrison
Filed 4/5/06 P. v. Morrison CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. JASON JONATHAN MORRISON, Defendant and Appellant. | G034702 (Super. Ct. No. 02HF0874) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, William Lee Evans, Judge. Affirmed.
James R. McGrath, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry J. T. Carlton and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted Jason Jonathan Morrison of resisting an executive officer (Pen. Code, § 69),[1] criminal threats (§ 422), and driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). The court found true allegations of two serious felony priors (§§ 667, subd. (a)(1), 1192.7, subd. (c)) and two strike priors (§§ 667, subds. (d) & (e)(2), 1170.12, subds. (b) & (c)(2). The court struck one of his priors and sentenced Morrison to a state prison term of four years. Defendant contends the judgment must be reversed because the court erroneously discharged a juror. We affirm.
FACTS
The Crimes
Around 7:15 p.m. on July 4, 2002, Morrison ran a red light and hit another car. Deputy Brad Olsen investigated the collision. Olsen gave Morrison a field sobriety test and arrested him for driving under the influence.
Morrison asked Olsen if he (Olsen) knew what had happened to a deputy at a 7-Eleven at Ridge Route and Lake Forest. When Olsen replied he did not, Morrison said, â€