P. v. Morris
Appellant Kevin Leon Morris, Sr. (appellant or Morris)was charged with assault on a custodial officer (Pen. Code, 241.1) and battery ( 243.1), both committed on Correctional Officer Jared Bussard, and resisting a peace officer, Dennis Bierman ( 148, subd. (a)(1)). The information further alleged a prior conviction under the three strikes law ( 1170.12, subds. (a)-(d), 667 subds. (b)-(i)) and three prior prison terms ( 667.5).
A jury found appellant guilty of all three counts. Appellant admitted the prior strike conviction and the prior prison terms. The trial court sentenced him to the upper term of three years on both the assault and battery convictions, and doubled each term under section 1170.12, subdivision (c)(1). The court also sentenced appellant to one year for resisting a peace officer, and ordered the sentences on all three counts to run concurrently. The court imposed three one-year enhancements for each of the prior prison terms under section 667.5, for a total prison term in the underlying case (case No. CR32555) of nine years.
Appellant raised numerous issues in his appeal to this court, including ineffective assistance of counsel, errors in admission of evidence, prosecutorial misconduct, and unconstitutionality of the statutory scheme pertaining to battery on a custodial officer. He also raised a number of sentencing issues, including the claim that his sentence is unconstitutional and must be reversed pursuant to Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Lastly, appellant also filed a petition for writ of habeas corpus alleging ineffective assistance of counsel and denial of his constitutional right to testify, which we considered with his original appeal.
Appellant submitted a letter on March 9, 2007, requesting that in light of Cunningham we reissue our original opinion with appropriate modification, and without the need for further briefing. Thereafter, on July 19, 2007, our Supreme Court issued decisions in People v. Black (2007) Cal.4th [2007 Cal. Lexis 7604] (BlackII), and People v. Sandoval (2007) Cal.4th [2007 Cal. Lexis 7606] (Sandoval). Court provided the parties the opportunity to file letter briefs discussing the impact of these decisions to this appeal. Court now affirm.
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