People v. Cordova CA2/6

Filed 8/22/24 P. v. Cordova CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B332883 (Super. Ct. No. 2023009826) Plaintiff and Respondent, (Ventura County)

v.

IVAN CORDOVA,

Defendant and Appellant.

Ivan Cordova was convicted after a jury trial of resisting an executive officer by force. (Pen. Code,1 § 69, subd. (a).) The jury also found that Cordova had a prior strike conviction within the meaning of the “Three Strikes” law. (§§ 667, subds. (c)(1), (e)(1); 1170.12, subds. (a)(1), (c)(1).) The trial court sentenced Cordova to the middle term of two years doubled to four years for the prior strike. We affirm.

1 All statutory references are to the Penal Code.

FACTS Cordova was in pre-trial custody at the Ventura County jail on an unrelated matter. Deputies conducted a search of the inmate’s cells for contraband on April 22, 2023. It was discovered that Cordero had two towels, a minor infraction, and had been deceptive, a major infraction. Cordova was escorted to the recreation room where other inmates who were being cited for infractions were held. Later Deputy Anthony Bavero was escorting Cordova and another inmate to a different section of the jail when the other inmate started arguing with Bavero. Cordova turned around to face Bavero, and said, “Fuck you, pussy.” Cordova was clenching his fists, and Bavero thought he was ready to fight. Bavero told Cordova to face the wall. Cordova refused. Bavero tried to grab Cordova’s arms, but Cordova swatted Bavero’s hands away. Cordova punched Bavero twice, one punch hitting Bavero’s left ear. Bavero punched Cordova once in the forehead and once in the mouth. Deputy John O’Brien came to Bavero’s assistance, kneeing Cordova in the stomach. Cordova struck O’Brien in his right eye. Defense Cordova testified on his own behalf. He said he was leaving the jail recreation room when an inmate in front of him caused a disturbance. Bavero bumped into Cordova, grabbed him, and pushed him into the wall. Cordova pushed Bavero back and told Bavero not to push or disrespect him. Bavero told Cordova he was resisting and began punching him. Another deputy joined in and began punching Cordero. Cordero was trying to avoid being punched in the face. He did not intentionally strike any of the deputies.