P. v. Legorreta
Defendant was charged with two felony counts of willfully and unlawfully using force and violence, and inflicting injury upon a police officer, in violation of Penal Code section 243, subdivision (c)(1) (counts 1 and 2); two felony counts of willfully and unlawfully attempting by means of threats and violence to deter and prevent a police officer from performing duty, in violation of section 69 (counts 3 and 5); and one felony count of possessing an instrument and weapon known as a billy, in violation of section 12020, subdivision (a)(1) (count 4). It was further charged that defendant committed these felonies within five years of two separate felony convictions in which defendant served prison time. ( 667.5, subd. (b).)
On October 7, 2005, a jury found defendant guilty of all charges except the weapon possession charge. In a bifurcated trial, defendant admitted the two prior convictions. The trial court sentenced defendant to the upper term of three years for the first violation of section 243, subdivision (c)(1), and a consecutive sentence of eight months for the second violation of section 243, subdivision (c)(1). The court stayed defendants sentences on the other two counts, but added an additional one-year sentence for each of the two prior felony convictions.
Defendant appeals, contending the evidence fails to establish that the damages to the officers were serious enough to qualify as injuries under section 243, subdivision (c)(1). He also requests a review of the trial courts denial of his Pitchess motion. The judgment is affirmed.
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