P. v. Davis CA5
Appellant/defendant Terrance Davis, an inmate at Corcoran State Prison, was charged and convicted of count I, battery by a prisoner on a nonconfined person, Correctional Officer Burnitzki (Pen. Code, § 4501.5); and count II, obstructing Officers Burnitzki and Arellano from performing their duties (§ 69). The charges were based on an incident where correctional officers conducted a random search of defendant’s cell. Defendant was authorized to carry a state-issued cane because of disability issues. The officers reported that when Burnitzki attempted to remove defendant from his cell, defendant used the cane to strike him, refused to obey their orders, and physically resisted both officers. Defendant was sentenced to the second strike term of seven years four months.
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