People v. Mayhan CA5

Filed 7/16/14 P. v. Mayhan 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066163 Plaintiff and Respondent, (Super. Ct. No. 10CM7255) v.

HAYWARD MAYHAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Steven D. Barnes, Judge. Meredith J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

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 description of the procedural history and facts of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) PROCEDURAL HISTORY A complaint was filed August 31, 2010, consisting of four counts, all arising out of an incident on March 9, 2010, at Corcoran State Prison where Hayward Mayhan was an inmate. A preliminary hearing was held that same day and Mayhan was held to answer as charged in the complaint. A very lengthy pretrial period ensued, punctuated by continuances. At a hearing on February 15, 2012, the district attorney put a formal settlement offer on the record, which was subsequently rejected by Mayhan.1 On February 17, 2012, Mayhan requested a Marsden2 hearing, but then withdrew the request on February 22, 2012. An amended information was filed that same day, adding a count. Mayhan requested another Marsden hearing, which was heard and granted on June 22, 2012. Substitute counsel was appointed July 10, 2012. On September 18, 2012, a second amended information was filed charging Mayhan, in count 1, with a violation of Penal Code section 4501.53, battery on a non- confined person on prison property, Correctional Officer Dean Fugate. It was further alleged, pursuant to section 12022.7, subdivision (a), that the commission of this offense caused great bodily injury to Fugate. Mayhan was also charged, in count 2, with a

1 The offer, if Mayhan pled to a violation of Penal Code section 245, subdivision (c) (assault with a deadly weapon other than a firearm), was for one-third the midterm of four years, doubled by a prior strike, for a total of 32 months, to be served consecutive to his current sentence. 2 People v. Marsden (1970) 2 Cal.3d 118 (Marsden). 3 All further statutory references are to the Penal Code unless otherwise stated.