People v. Gregg CA3

Filed 10/26/15 P. v. Gregg CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Siskiyou) ----

THE PEOPLE, C077234

Plaintiff and Respondent, (Super. Ct. No. 14-93)

v.

TRAVIS JAMES GREGG,

Defendant and Appellant.

A jury found defendant Travis James Gregg guilty of resisting a peace officer with force or violence (Pen. Code, § 69; count 1)1 and exhibiting a deadly weapon with intent to resist a peace officer (§ 417.8; count 2). Defendant was sentenced to an eight year four month aggregate term. On appeal, defendant contends that sentence is unauthorized because section 654 bars punishment for two convictions arising from the same act or

1 All undesignated section references are to the Penal Code.

1

course of conduct. We agree and therefore modify the judgment by staying the sentence on count 1. BACKGROUND An hour before midnight, Yreka Police Department and California Highway Patrol officers arrived at defendant’s parents’ home, to arrest defendant for cutting off his ankle monitor. Once the house was surrounded, police dispatch called the home to tell defendant the home was surrounded; defendant responded that he was not going to give up. Defendant then appeared in the kitchen window and yelled that he was not going to be taken alive. He pointed to his temple saying: “Shoot me, shoot me right here.” Defendant then ducked out of view. Several minutes later, he reappeared at the front door, from behind a closed metal security screen door. He continued to make threats while officers tried to talk with him. After several minutes, defendant opened the screen door, revealing what appeared to be a steak knife in his hand. Holding the knife, he continued to threaten that he would not be taken alive, that he would take one of the officers out, and make the officers shoot him. At one point, defendant stuck his body further out the door screaming, “Just fucking shoot me.” As he did, an officer attempted to shoot him with a Taser but missed. Defendant went back inside, shutting the security screen door. The officers observed a scuffle in the kitchen, and shortly after defendant’s father walked out the front door. An officer directed the father to get defendant’s mother and grandfather out of the house. The father reentered the house. Defendant came to the door a second time and opened the screen door -- this time holding a butter knife. Defendant’s mother also came to the door and tried unsuccessfully to push defendant outside. Shortly after, the butter knife was tossed outside, and defendant went back inside, shutting the door and security screen. Officers heard screaming and arguing from inside the house. When defendant’s uncle came outside, an officer ordered him to leave the security screen door fully open.