Filed 11/17/17 P. v. Perez CA5









NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

SERVERINO ARRANGO PEREZ,

Defendant and Appellant.


F074121

(Super. Ct. No. DF011296A)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara, Judge.
Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
A jury convicted appellant Severino Arrango Perez of assault with a deadly weapon or by means of force likely to produce great bodily injury by a person confined in a state prison (Pen. Code, § 4501/count 1); battery by a person confined in a prison on a non-confined person (§ 4501.5/count 2); and resisting an executive officer through force or violence (§ 69/count 3). The jury also found true a great bodily injury enhancement (§ 12022.7, subd. (a)) in count 2. In a separate proceeding, the court found true a serious felony enhancement (§ 667, subd. (a)(1)) and allegations that Perez had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
Perez was an inmate at North Kern State Prison in Delano, California. On April 9, 2012, at approximately 5:40 p.m., the door to Perez’s cell was opened to allow his cellmate to exit the cell and get medication for his diabetes. Correctional Officer Miguel Arias then saw Perez throwing trash, clothing, sheets, and a mattress out of his cell. Arias approached Perez as he stood inside the doorway of his cell holding a cane above his head and screaming unintelligible sounds. Arias yelled at Perez to put the cane down and Perez charged at him while still holding the cane above his head. Arias activated his personal alarm, unholstered his pepper spray, and sprayed Perez. The pepper spray, however, did not affect Perez and he struck Arias with the cane on his head and back. Perez then began clawing at Arias’s face with his fingernails. Arias tried to pull Perez’s hands off his face, but when that did not work, Arias punched Perez on his face. Perez responded by grabbing Arias’s genitals with one hand. Arias wrapped his arms around Perez and wrestled him to the ground as Perez continued to scratch Arias on the face and neck. Perez then tried to grab Arias’s baton. Arias punched Perez one more time before responding staff arrived and helped subdue Perez.
Correctional Sergeant Dustin Morgan responded to Arias’s alarm and saw Perez on top of Arias as they both struggled over Arias’s baton. Perez ignored Morgan’s command to get off Arias, so Morgan punched Perez three times on the side of the head. This caused Perez to release Arias’s baton and Morgan and Correctional Officer Angel Irizarry took him to the ground. Perez initially put his hands under him and tried to push himself up. Perez then tried to put his arms under him to prevent the officers from handcuffing him. Additional staff arrived and eventually they were able to handcuff Perez. Once the officers got him up off the ground and walking, Perez did not struggle anymore. He was then escorted to a holding cell.
The struggle with Perez left Arias with bruises on his head and knees, scratches on his face, neck and around his ear, a sore wrist, and an injured back. Morgan suffered a broken hand.
On June 15, 2016, the prosecutor filed an amended information that charged Perez with the allegations he was convicted of and the enhancements and other allegations that were found true. It also charged Perez with a great bodily injury enhancement in counts 1 and 2, two great bodily injury enhancements in count 3, and a personal use of a deadly weapon enhancement (§ 12022, subd. (b)(1)) in count 1. Perez was arraigned on the amended information on that date and entered a plea of not guilty.
On June 13, 2016, Perez entered an additional plea of not guilty by reason of insanity as to all counts.
On June 17, 2016, the jury rendered its verdict in this matter and the court found the serious felony enhancement and the Three Strikes allegations true.
On June 22, 2016, the jury found that Perez was legally sane when he committed the offenses he was convicted of.
On July 21, 2016, the court sentenced Perez to an aggregate term of 18 years four months, a doubled aggravated term of 12 years on Perez’s assault conviction, a five-year serious felony enhancement, stayed terms on Perez’s battery conviction in count 2 and the great bodily injury enhancement in that count, and a 16-month term on his resisting an executive officer conviction.
Perez’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Perez has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.