People v. Scott CA2/6

Filed 7/28/15 P. v. Scott CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B254789 (Super. Ct. No. F481801) Plaintiff and Respondent, (San Luis Obispo County)

v.

CLIFFORD ALBERT SCOTT, JR.,

Defendant and Appellant.

A jury convicted Clifford Albert Scott, Jr., of attempted premeditated murder of a peace officer (Pen. Code,1 §§ 187/664, count 1); assault with a firearm on a peace officer (§ 245, subd. (a)(1), count 2); evading of a peace officer (Veh. Code, § 2800.2, subd. (a), count 5); and transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a), count 6). The jury also found true as to counts 1 and 2 that Scott personally discharged a firearm (§ 12022.53, subd.(c)). Scott pled no contest to count 3, possession of a firearm by a felon (§ 29800, subd. (a)(1)), and count 4, carrying a loaded firearm in a public place (§ 25850, subd. (a)). The trial court found Scott had suffered one prior strike pursuant to the three strikes law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and had served a prior prison term (§ 667.5, subd. (b)).

1 All statutory references are to the Penal Code unless otherwise stated.

On count 1, the court sentenced Scott to 15 years to life, doubled to 30 years to life pursuant to the three strikes law, plus a consecutive 20 years for personal use of a firearm, plus a consecutive one year for the prior prison term. On count 2, the court sentenced Scott to the upper term of nine years, plus a consecutive twenty years for the firearm enhancement, plus a consecutive one year for the prior prison term. The term on count 2 was stayed pursuant to section 654. On count 3, the court sentenced Scott to a term of eight months, doubled to sixteen months pursuant to the three strikes law. On count 4, the court sentenced Scott to two years, stayed pursuant to section 654. On count 5, the court sentenced Scott to eight months, doubled to sixteen months pursuant to the three strikes law, plus a consecutive one year for the prior prison term. On count 6, the court sentenced Scott to four years, doubled to eight years pursuant to the three strikes law. The total term is 32 years 8 months, plus a consecutive 30 years to life. The court awarded 488 days actual credit and 73 days conduct credit for a total of 561 days credit. We reverse count 6, transportation of a controlled substance. We also correct the judgment to reflect 489 days of actual presentence custody. We affirm the judgment in all other respects. FACTS On October 27, 2012, at approximately 5:15 a.m., California Highway Patrol Officer Michael Muell stopped a grey Camaro for speeding. The driver and a passenger in the rear seat were women. Scott was sitting in the front passenger seat. Muell approached the front passenger window on foot. He saw that Scott was watching every move he made. This made Muell nervous so he called for backup. Officers David Agredano and Adrian Ayala responded to the backup request. Muell ordered the driver to step out of the Camaro. She complied. Muell asked Agredano to examine her for being under the influence of marijuana. Muell asked Scott what his name is. Scott said his name is Eric. Muell asked for identification, but Scott said he had none.