People v. Jackson CA2/6

Filed 6/22/16 P. v. Jackson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B265536 (Super. Ct. No. MA062561) Plaintiff and Respondent, (Los Angeles County)

v.

GEORGE L. JACKSON,

Defendant and Appellant.

George L. Jackson appeals judgment after conviction by plea of no contest to possessing contraband and a cell phone in jail. (Pen. Code, §§ 4573.6, subd. (a), 4576, subd. (a).)1 He admitted he suffered a prior strike conviction and served a prior prison term. (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) The trial court sentenced him to four years in prison. It granted his request for a certificate of probable cause. We conclude the court did not err when it refused to conduct a competency hearing. Jackson’s depression about serving additional prison time and his disruptive behavior did not raise a doubt about his competence. (§ 1368.) We therefore affirm.

1 All further statutory references are to the Penal Code.

BACKGROUND In 2014, Jackson was serving an eight year prison term for residential burglary. A custodial officer searched him and found marijuana and two cell phones. The resulting new charges exposed Jackson to nine additional years in prison. During the year prior to trial, Jackson did not show any sign of bizarre behavior or mental illness, until the court set the case for trial. Jackson appeared in court approximately 18 times after the preliminary hearing. On the date set for trial, March 10, 2015,2 Jackson refused to leave his cell. A custodial officer admonished him that the case would proceed in his absence. The court trailed the matter to March 17. Jackson did not appear in court on March 17. His attorney said, “my client does not want me to announce ready for trial. I have no good cause to seek a continuance.” The court transferred the case for trial assignment. Jackson appeared for the trial assignment later that morning. He participated with his attorney in settlement negotiations. He made a Marsden3 motion which the court denied. The court assigned the matter for trial. Jackson said, “I object.” The court reassigned the case to another judge. In the trial judge’s courtroom half an hour later, Jackson told his attorney to ask for a continuance so private counsel could substitute in. The court denied the request. The court announced it was ready to proceed to trial. Jackson told his attorney to say he “objects to this entire proceeding.” The court reminded Jackson that he faced up to nine years more in prison and asked if he would be interested in an offer of four years. Jackson responded, “I object to everything.” The court said it would proceed to jury trial. Jackson responded, “I object.” The court admonished Jackson to cooperate in the proceedings. Jackson responded, “I object to everything.” The court explained, “I want you to be here to assist your lawyer. But any sort of disruption, verbal or physical disruption, may result in you being removed. [¶]