People v. Wadkins CA3

Filed 12/14/15 P. v. Wadkins CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077408

Plaintiff and Respondent, (Super. Ct. No. 13F05944)

v.

JAMES EUGENE WADKINS,

Defendant and Appellant.

A jury found defendant and inmate James Eugene Wadkins guilty of possession of a “billy” while confined (Pen. Code, § 4502)1 and battery by a prisoner on a non- confined person (§ 4501.5). Defendant admitted a prior prison term allegation. (§ 667.5, subd. (b).) The trial court sentenced him to five years in prison. On appeal, defendant contends the trial court erred under Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d

1 Further undesignated statutory references are to the Penal Code.

1

69] and People v. Wheeler (1978) 22 Cal.3d 258 by finding no purposeful discrimination based on the prosecutor’s use of a peremptory challenge to remove the only African- American prospective juror in the first 18 jurors. Disagreeing, we affirm. BACKGROUND The Crimes Defendant is serving a life term at Folsom State Prison. On June 9, 2013, defendant expressed to prison staff that he did not want any other prisoners placed in his cell with him. None were placed with him. However, the next day, the guards saw defendant in his cell pacing, holding a weapon. The weapon was a piece of wood 22 inches in length, with a motor from a personal fan with the blades removed attached by torn bed sheets. There was a shoestring laynard to hold the weapon, which was a bludgeoning tool or club. Defendant refused to submit to handcuffing, saying, “[Y]ou’re gonna have to come get me. I’m going to hurt one of you.” The officers received permission to attempt a cell extraction; defendant was uncooperative and refused to follow orders to come out of his cell voluntarily. Sergeant Kevin Renkert pepper sprayed defendant in his facial area. The spray appeared to have no effect; defendant washed off his face with liquid from a bucket under his bed. Defendant continued to refuse to comply with orders and Renkert sprayed him again. Renkert asked defendant what he was going to do with his weapon and defendant said he was not going to use it. Renkert told defendant to give him the weapon and defendant tossed it in the corner, where Renkert retrieved it. Twice more defendant refused Renkert’s orders to submit and was sprayed with pepper spray. Defendant then picked up the bucket of liquid and threw it at Renkert. The liquid covered the entire front of Renkert’s body. Renkert then sprayed defendant in the chest area. Defendant dropped to the floor and crawled to the door. He stood up and Renkert cuffed him.