People v. Rutkowski CA2/6

Filed 12/1/15 P. v. Rutkowski CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B259316 (Super. Ct. No. TA131783) Plaintiff and Respondent, (Los Angeles County)

v.

SKIPPY CHARLES RUTKOWSKI,

Defendant and Appellant.

Skippy Charles Rutkowski appeals his conviction, by jury, of assault on a peace officer (Pen. Code, § 245, subd. (c))1, and battery with injury on a peace officer. (§ 243, subd. (c)(2).) Appellant personally inflicted great bodily injury in the commission of each offense. (§ 12022.7, subd. (a).) He was sentenced to a total term of six years in state prison, comprised of the low term of three years on count 4, the assault conviction, plus three years on the great bodily injury enhancement. The trial court also imposed a concurrent term of 16 months on count 5, the battery conviction, plus three years on the great bodily injury enhancement associated with that conviction. Appellant contends the term and sentence enhancement imposed for the battery conviction should have been stayed pursuant to section 654. He

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

1

further requests that this court review the sealed transcripts from the in camera hearing held on his motion for discovery of the arresting officer's personnel files. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-537.) Respondent contends additional mandatory fees must be imposed under section 1465.8 and Government Code section 70373. Our independent examination of the in camera proceedings discloses no abuse of discretion in the trial court's discovery order. (People v. Mooc (2001) 26 Cal.4th 1216, 1232.) We agree, however, that the concurrent term imposed on count 5 violates section 654 and that the trial court should have imposed the fees identified by respondent. Accordingly, we order the judgment modified to reflect that the sentence on count five is stayed pursuant to section 654. In addition, we order the judgment modified to impose a court security fee of $40 (§ 1465.8, subd. (a)(1)), and a court construction fee of $30 (Gov. Code, § 70373, subd. (a)), on count 5. As so modified, the judgment is affirmed. Facts Los Angeles County Sheriff's deputy Clinton Randall was driving his patrol car on Long Beach Blvd. in Compton when he was flagged down by a pedestrian. The pedestrian was very agitated and gestured toward appellant, who was seated on a bicycle nearby. She reported that appellant had stabbed her two weeks earlier. Randall parked his patrol car in the center median and asked appellant to meet him at the curb. When Randall tried to open the car door, he found that appellant was blocking it with his bicycle. Randall asked him to move and appellant complied, moving back just far enough to permit Randall to open the door. Just as Randall put his left foot outside the door, appellant struck him on the head with a plastic bottle that was filled with juice. The blow was so forceful, it burst the bottle. Juice poured all over Deputy Randall and the inside of the car. Randall was stunned and fell backwards into the car seat. Through the open