People v. Driskell CA3

Filed 2/9/16 P. v. Driskell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE,

Plaintiff and Respondent, C075917

v. (Super. Ct. No. 12F177)

JASON SCOTT DRISKELL,

Defendant and Appellant.

Appointed counsel for defendant Jason Scott Driskell asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) BACKGROUND On January 9, 2012, law enforcement officers responded to a report of an assault at a hotel. At the hotel, the officers found Donald Casperson sitting on a bed, holding the

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right side of his face. Casperson told the officers defendant hit him across the face with a wooden stick when Casperson was unable to repay a $20 loan. Defendant hit Casperson so hard, the stick broke and Casperson fell against the wall and to the ground. Officers were not able to locate defendant in his hotel room. A few hours later, law enforcement officers responded to the report of a burglary in progress at the residence of James Jenkins. The officers arrived at Jenkins’s residence and found him standing at the front door. Defendant was on the ground, his face bleeding. The officers attempted to detain defendant but he refused to comply with their directions. They ultimately had to subdue defendant with a “Taser” before they could handcuff him and put him in the patrol car. After the officers detained defendant, Jenkins told them he came home to find his laundry room broken into and defendant on the laundry room floor. A physical altercation ensued. A friend of Jenkins’s arrived and tried to help Jenkins. Defendant told Jenkins’s friend to leave him alone and threatened to kill him. Because defendant’s head was bleeding, the officers took him to the hospital. Apparently under the influence of a controlled substance, defendant fell asleep and did not wake up until he was being transported to the county jail. En route to the jail, defendant began shaking his head from side to side, casting about the blood from his head, some of which landed on one of the officers. The officers knew defendant had AIDS and ordered him to be still. The People later charged defendant in Shasta County Superior Court case No. 12F177 with burglary, assault with a deadly weapon, resisting arrest, and assault with force likely to inflict great bodily injury on a police officer. The People also alleged defendant served four prior prison terms. Defendant pleaded no contest to the assault charges; the trial court granted him probation for three years and ordered him to serve