People v. Ritter CA5

Filed 9/24/15 P. v. Ritter 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068511 Plaintiff and Appellant, (Super. Ct. No. MF10785A) v.

STEVEN RITTER, OPINION Defendant and Respondent.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. No appearance for Defendant and Respondent. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and Heather S. Gimle, Deputy Attorneys General, for Plaintiff and Appellant. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Smith, J.

The People appeal from an order dismissing a criminal case (Kern Superior Court case No. MF10785A) filed against respondent Steven Ritter because of a delay in prosecuting him. We reverse the order dismissing the case. FACTS In October 2012, Ritter was an inmate at the California Correctional Institute at Tehachapi. On the night of October 10, 2012, an anonymous note that stated there were weapons in the dayroom area was found in Housing Unit 3. The note also stated that the author overheard two inmates talking about attacking an officer and that they had weapons. The note identified the two inmates as a “[B]lack [man] named Kill” and a “Mexican [man] with [a] T on his face” and Correctional Officer Stewart as the officer who would be assaulted. On October 11, 2012, at approximately 12:15 a.m., Correctional Officers Anthony Hudgens and Victor Quiet assisted in a search of a dayroom at the prison. In the lower portion of a portable steam food cart, Officer Hudgens found a state-issued razor that had been modified so that two razor blades stuck out of one end and its handle was wrapped with a white cotton material. Under a television in the room, Officer Quiet found a similar instrument consisting of a handle with two razor blades attached with string to one end. On October 18, 2012, Correctional Sergeant Mike Worrell interviewed Ritter about the anonymous note that precipitated the search of the day room. Ritter was housed in Facility C and had access to the room where the weapons were found. Sergeant Worrell showed Ritter a copy of a letter that was written to Ritter’s mother and he acknowledged writing it. Sergeant Worrell then put the anonymous note and the letter side by side and Ritter admitted writing the note. Ritter told Sergeant Worrell that he wrote the note in order to get Kill off the yard because Ritter owed him $300, and the Mexican man with the “T” on his face out of the building because nobody liked the man.