People v. Jung CA3

Filed 3/17/14 P. v. Jung CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C071687

Plaintiff and Respondent, (Super. Ct. Nos. 11F4304, 12F1345) v.

EDMOND LEE JUNG,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND In August 2011, in case No. 11F4304, defendant Edmond Lee Jung pleaded no contest to obstructing an executive officer. (Pen. Code, § 69.)1 In exchange, a count of

1 Further statutory references are to the Penal Code unless otherwise indicated.

1

assault with a deadly weapon (§ 245, subd. (a)(1)) was dismissed. Imposition of sentence was suspended and defendant was placed on informal probation for three years on the condition, among others, that he serve 43 days in county jail with credit for 43 days. In May 2012, in case No. 12F1345, a jury found defendant guilty of assault on a peace officer (§ 245, subd. (c); count one), battery upon a peace officer with injury (§ 243, subd. (c)(2); count two), obstructing an executive officer (§ 69; count three), misdemeanor battery (§ 242; count four), and misdemeanor aggravated trespass (§ 602.5, subd. (b); count six). Following jury deadlock, a mistrial was declared on a count of vandalism. (§ 602.5, subd. (b); count five.) Based on the jury verdicts, the trial court found that defendant had violated his probation in case No. 11F4304. Defendant was sentenced to state prison for six years four months, consisting of five years for assault on a peace officer and eight months each for two counts of obstructing an executive officer. The sentence for battery upon a peace officer was stayed pursuant to section 654. Concurrent county jail terms were imposed for battery and trespass. Defendant was awarded 279 days’ custody credit and 278 days’ conduct credit. He was ordered to make restitution to a victim in the amount of $888.02 and was ordered to pay a $1,200 restitution fine (§ 1202.4), a $1,200 restitution fine suspended unless parole is revoked (§ 1202.45), a $240 court operations fee (§ 1465.8, subd. (a)(1)), and a $180 court facilities assessment (Gov. Code, § 70373). Case No. 11F43042 Defendant was arrested following an altercation at a Redding motel. While in a patrol car, defendant was belligerent and emitted a strong odor of an alcoholic beverage. Defendant said he wanted to fight an arresting officer when he was released from custody, which he predicted would be the following day. During transport to jail,