People v. Duckett CA3

Filed 4/23/15 P. v. Duckett CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C076197

v. (Super. Ct. No. 11F07674)

JOSEPH ANTWION DUCKETT,

Defendant and Appellant.

Appointed counsel for defendant Joseph Antwion Duckett asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review of the record discloses that the trial court did not impose a mandatory $40 court operations fee or a mandatory $30 court facilities assessment. We will modify the judgment to include the fee and assessment. Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment as modified.

1

I Defendant was an inmate at Folsom State Prison on August 20, 2011. He was housed on the second tier of the five-tier cell block. Shortly before 8:00 p.m., sleep medications were being dispensed to the inmates for whom they had been prescribed. Inmates were released from their cells in groups to receive the medications from a nurse. After consuming the medication, the inmates would return to their cells. Correctional Sergeant Scott Russell supervised the medication process. He observed defendant while he stood in line for medication. Defendant appeared to have an object in his sock. Sergeant Russell thought the object might be a state-issued identification card. Defendant briefly left the medication line and went around a corner out of Sergeant Russell’s view. Defendant returned to the medication line and, after a brief period, walked toward Sergeant Russell. Sergeant Russell saw that the object in defendant’s sock was too long and slender to be an identification card. Sergeant Russell called out to defendant as defendant ascended the cell block stairs. Defendant looked at Sergeant Russell and continued climbing the stairs while Sergeant Russell followed. When Sergeant Russell reached the second tier he again called out to defendant. Defendant ran up to the third tier. Sergeant Russell broadcast a call over the radio and activated a handheld alarm device. When the alarm activated, the majority of the inmates got on the ground as they had been instructed to do. Sergeant Russell lost sight of defendant when he went up to the third tier. Russell reached the fourth tier, he saw defendant prone on the ground with a correctional officer standing over him. Russell told the officer to place handcuffs on defendant. After defendant was handcuffed, Russell reached into defendant’s sock and retrieved a thin, flat piece of metal that was approximately six inches long and one and a half inches wide with an orange taped handle. It appeared to Russell that one edge of the object had been sharpened. Defendant told Russell that defendant used the item to cut sausage.