P. v. Sims
Filed 7/31/06 P. v. Sims CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JERMAINE SIMS, Defendant and Appellant. | E038424 (Super.Ct.No. FCH6798) OPINION |
APPEAL from the Superior Court of San Bernardino County. Craig S. Kamansky, Judge. Affirmed.
Harvey L. Goldhammer, 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, Senior Assistant Attorney General, Peter Quon, Jr., Supervising Deputy Attorney General, and Robert Foster, Deputy Attorney General, for Plaintiff and Respondent.
1. Introduction
Defendant and appellant Jermaine Sims appeals after he was convicted of aggravated assault (Pen. Code,[1] § 4501.1, subd. (a)) upon two correctional officers. He contends that evidence was improperly admitted in violation of his constitutional rights, pursuant to Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974]. We find any error to be harmless beyond a reasonable doubt, and we affirm the convictions.
2. Factual and Procedural Background
David Ryals and Michael Schoo were correctional officers working at the Chino Institution for Men on August 3, 2004. On that day, they were distributing meals to prisoners housed in the Administrative Segregation Unit, a unit for â€
