People v. Watkins CA3

Filed 11/26/25 P. v. Watkins CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C101834

Plaintiff and Respondent, (Super. Ct. Nos. 23FE006951 & 24FE006023) v.

MARQUES WATKINS,

Defendant and Appellant.

Appointed counsel for defendant Marques Watkins asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding none, we affirm. I. BACKGROUND This is an appeal of two cases. In the first case (24FE006023), the amended information charged defendant and two codefendants with assault by means likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).)1 It alleged the enhancement that defendant inflicted great bodily injury. (§ 12022.7, subd. (a).) It also

1 Undesignated statutory references are to the Penal Code.

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alleged aggravating circumstances that (a) the crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness or callousness; (b) defendant’s prior convictions were numerous and of increasing seriousness; (c) defendant served a prior prison or jail term; and (d) defendant was on probation, mandatory supervision, post release community supervision or parole when he committed the crimes. (Cal. Rules of Court, rule 4.421, subds. (a)(1), (b)(2), (b)(3), (b)(4).) On April 3, 2024, Deputy Sheriff Tyler O’Brien responded to a fight at Sacramento County Jail. At trial, the People showed footage of the fight to the jury. In the video, a group of inmates were near a cell. Codefendant Luis Delvalle struck the victim on the right side of the face. The video then shows defendant stepping into the frame, knocking the victim to the ground and punching and kicking him while the victim was on the ground. The entire fight took five to ten seconds. After the fight, officers handcuffed the victim and took him to medical with a bloody nose and bloody lip. A jail doctor testified the victim had an extensive lip laceration that was a “2-centimeter linear superficial bleeding laceration of the lower lip.” The doctor characterized the injury as significant. The jury found defendant guilty of assault but found the great bodily injury enhancement not true. After a court trial on the aggravating circumstances, the court found three of the circumstances true and did not rule on the prison term allegation. In the second case (23FE006951), the amended information charged defendant with violating sections 2800.4 and 2800.2, subdivision (a) of the Vehicle Code – driving a car on the wrong side of the road to evade police officers and while the distinctively marked pursuing police car had lights illuminated and siren activated. As an aggravating circumstance, the information alleged defendant was on probation, mandatory supervision, postrelease community supervision or parole when he committed the offense. (Cal. Rules of Court, rule 4.421, subd. (b)(4).)