People v. Corum CA3

Filed 4/12/16 P. v. Corum CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C078273

v. (Super. Ct. No. 12F8705)

RYAN JAMES CORUM,

Defendant and Appellant.

Defendant Ryan James Corum pleaded guilty to felony battery on a custodial officer (count 1) and misdemeanor battery on a custodial officer (count 3). He also admitted a prior strike allegation. The trial court sentenced him to six years in prison

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on the count 1 felony conviction but did not orally impose sentence on the count 3 misdemeanor conviction. Defendant now contends we must remand the matter to the trial court and direct the trial court to impose a stayed sentence on count 3 pursuant to Penal Code section 654. We will reverse defendant’s sentence and remand the matter to the trial court for resentencing so that it can impose sentence on the count 3 misdemeanor conviction and consider whether that sentence must be stayed pursuant to Penal Code section 654. We will otherwise affirm the judgment. BACKGROUND In December 2012, law enforcement responded to a call that defendant was breaking into and attempting to enter an occupied home. Defendant had a misdemeanor warrant for his arrest and officers placed him under arrest. At booking, defendant became verbally assaultive with Correctional Officer Sancibrian. He spit at Sancibrian and missed. Sancibrian told defendant not to spit again or he would have to put a spit cover over defendant’s face. Defendant spit at Sancibrian again, this time hitting him. A complaint in this case -- case No. 12F8705 -- charged defendant with battery on a custodial officer (Pen. Code, § 243.1 -- count 1)1 and misdemeanor vandalism (§ 594, subd. (b)(2)(A) -- count 2). The information also alleged as to count 1 that defendant had previously been convicted of a prior serious felony (§ 1170.12) and had served four prior prison terms (§ 667.5, subd. (b)). The trial court subsequently granted the People’s motion to add a count for misdemeanor battery on a custodial officer (§ 243, subd. (b) -- count 3). In March 2014, defendant pleaded guilty to the two battery charges and the vandalism charge was dismissed with a Harvey2 waiver for restitution. Defendant also