P. v. Havner CA5
Appellant/defendant Russell Wayne Havner was convicted of two counts of battery by a prisoner on a correctional officer (Pen. Code, § 4501.5) and sentenced to the second strike term of 12 years in prison. The charges were based on an incident that occurred in November 2008, when defendant was a state prison inmate admitted to a Bakersfield hospital for treatment, and he assaulted two correctional officers in his hospital room. The felony complaint and arrest warrant were issued in 2009. Defendant was subsequently released from prison, and later convicted and sentenced in unrelated cases to prison terms in Arizona and California. In 2013, the district attorney’s office of Kern County located defendant, arraigned him on the felony complaint, and resumed the proceedings against him based on the assault charges. He was sentenced to the second strike term of 12 years in this case.
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