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P. v. Colbourn CA3
The facts underlying defendant’s offense are immaterial to this appeal. It suffices to say that in June 2020, while incarcerated in the Butte County Jail, defendant spat into the face of a correctional officer. Regarding that conduct, in May 2021, defendant pled no contest to the offense of battery by gassing, a violation of Penal Code section 243.9, subdivision (a).
In a presentencing report, a probation officer recommended imposition of the upper term of four years of imprisonment. The probation officer noted aggravating circumstances for sentencing purposes, including: “[D]efendant’s prior convictions . . . are numerous or of increasing seriousness” (Cal. Rules of Court, rule 4.421(b)(2)); and “[t]he defendant has served [a] prior prison term[]” (id., rule 4.421(b)(3)).

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