The People v. Price CA5

Filed 8/27/13 P. v. Price CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F065051 Plaintiff and Respondent, (Super. Ct. No. VCF245231) v.

CHERYL LYNN PRICE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Brett Alldredge, Judge. Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Catherine T. Nieto, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Detjen, J. and Franson, J.

INTRODUCTION Defendant Cheryl Lynn Price (defendant) was convicted of two counts of resisting a peace officer. She contends that each offense was incident to a single objective. Therefore, she argues, the sentencing court erred in imposing a 30-day jail sentence on each count. (See Pen. Code, § 654, subd. (a).) We disagree and affirm. FACTS I. PROCEDURAL BACKGROUND Defendant was charged with two counts of resisting an officer by threat or violence. (Pen. Code,1 § 69.) A prior serious felony conviction was also alleged as to each count. (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d).) After trial, the jury found defendant not guilty as to the two section 69 counts. The jury found defendant guilty of the lesser included offense of resisting a peace officer. (§ 148, subd. (a)(1).) Defendant was sentenced to 30 days in jail on count 1. On count 2, the court sentenced defendant to another 30 days in jail consecutive to count 1. Time was deemed already served on both sentences. II. TRIAL EVIDENCE Jason Baillie (Baillie) is a correctional deputy for the Tulare County Sheriff’s Department. In August 2010, Baillie was responsible for the custody, care, supervision, security, and transportation of inmates at the Adult Pretrial Facility at the Tulare County Jail. On August 15, 2010, Baillie was in the infirmary assisting a licensed vocational nurse attempting to take defendant’s vital signs. Baillie and Deputy Sheriff Jerry Yang (Yang) accompanied the nurse into defendant’s cell.