P. v. Brown
Filed 8/4/06 P. v. Brown 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. TRAVELL BROWN, Defendant and Appellant. |
A108735
(Del Norte County Super. Ct. No. CRPB03-5089)
|
Travell Brown appeals his conviction by jury trial of resisting an executive officer. (Pen. Code, § 69.)[1] He asserts errors concerning joinder, shackling, jury instructions and sentencing.
BACKGROUND
At all times relevant to this appeal appellant was an inmate at Pelican Bay State Prison.
I. Count I--Battery Charge
On September 25, 2002, Correctional Officer Tammy Hill was escorting appellant from his cell to a holding cell so he could use an asthma inhaler. Once in the holding cell, appellant refused to use his inhaler and asked to see a sergeant. Officer Hill notified Sergeant Wright and then assisted in moving another inmate from one cell to another cell.
As she passed the holding cell, appellant said to her, â€