People v. Fadden CA5

Filed 5/13/16 P. v. Fadden CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070463 Plaintiff and Respondent, (Super. Ct. No. MF006708A) v.

BARRETT JUSTON FADDEN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge.

John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Sally Espinoza, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

*Before Levy, Acting P.J., Kane, J., and Detjen, J.

INTRODUCTION In People v. Fadden (Jan. 4, 2007, F049795), an unpublished opinion, this court affirmed defendant Barrett Juston Fadden’s conviction for possession of a weapon while confined in a penal institution (Pen. Code, § 4502, subd. (a)).1 On November 4, 2014, pursuant to the resentencing provision of Proposition 36, the Three Strikes Reform Act of 2012 (Proposition 36), the trial court heard and denied defendant’s petition for resentencing. We affirm the trial court’s ruling. FACTS AND PROCEEDINGS Defendant was a prison inmate in September 2004, serving a sentence of 13 years 4 months following convictions for two counts of carjacking (§ 215, subd. (a)) and two counts of child endangerment (§ 273a, subd. (a)).2 Defendant had to pass through a metal detector as he was being processed for admission to the California Correctional Institute in Tehachapi after being transferred from Calipatria State Prison. Defendant removed a metal ring from his finger but still set off the metal detector. When told he would be X- rayed, defendant removed a package from his anal cavity. Guards unwrapped the package and found six razor blades and some papers. The blades were one and one-half inches long and five-sixteenths of an inch wide. They appeared to be taken from disposable razors. Defendant testified at trial the package contained only paper, not razor blades. Defendant also claimed the ring was stuck on his finger, which caused the metal detector to go off twice. The papers defendant hid were his prison records showing he was a carjacker. Because it took weeks for prison documentation to reach Tehachapi from Calipatria, defendant brought the papers to prove to other inmates he was not a child molester.