People v. Logan CA2/1

Filed 1/21/16 P. v. Logan CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B260406

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA427485) v.

MARCUS ANTHONY LOGAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mildred Escobedo, Judge. Affirmed. Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson and Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

Defendant and appellant Marcus Anthony Logan appeals from a judgment entered after a jury convicted him of one count of assault by means likely to cause great bodily injury in violation of Penal Code section 245, subdivision (a)(4)1 and after the court found to be true that Logan suffered four prior prison terms pursuant to section 667.5, subdivision (b). He was sentenced to a middle term of three years on count 1, plus one year for each of the four prior prison term enhancements, for an aggregate term of seven years. On appeal, Logan contends that the court committed reversible error when it refused to give a self-defense instruction. Logan also requests that we conduct an independent review of the trial court’s in camera Pitchess2 hearing. We affirm.

FACTS AND PROCEEDINGS BELOW On April 9, 2014, Logan and the victim, Darnell Clarke, were inmates in the general population at Los Angeles Men’s Central Jail. Los Angeles County Sheriff Deputy Jonathan Harris was on duty in a module of the jail which housed inmates in single-man cells and was overseeing the “program” in which inmates are allowed to leave their cells to use the telephone, shower and walk in a designated area called the “tier.” The program in that module consisted of opening four cell doors at a time—releasing two inmates from their cells to begin their allotted time on the tier, while two inmates returned to their cells having finished their allotted time on the tier. At approximately 3:30 p.m., Deputy Harris was in the officer safety cage and used the cell door controls to open the cell doors for Clarke and Logan to exit their cells and for Devon Wright and another inmate to return to their cells. While the fourth inmate returned to his cell, Wright did not and instead stayed outside his cell, turning to watch Clarke and Logan exit their cells. Deputy Harris saw Clarke exit his cell and go directly