People v. Cayot CA6

Filed 1/13/21 P. v. Cayot CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H045861 (Santa Cruz County Plaintiff and Respondent, Super. Ct. Nos. 17CR08103, 18CR01092, 17CR06943) v.

JACKSON STAS CAYOT,

Defendant and Appellant.

I. INTRODUCTION In case No. 17CR06943, defendant Jackson Stas Cayot pleaded guilty to first degree burglary (Pen. Code, § 459)1 and was placed on probation for three years. Subsequently, in consolidated case Nos. 17CR08103 and 18CR01092, a jury found defendant guilty of two counts of battery by gassing (§ 243.9, subd. (a)), one count of battery on a custodial officer (§ 243.1) and one count of assault on a custodial officer (§ 241.1). The trial court found defendant in violation of his probation in the earlier burglary case. At a combined sentencing hearing, defendant was sentenced to an aggregate term of 10 years 8 months in prison. On appeal, defendant contends that the matter must be remanded for the trial court to determine whether he is entitled to mental health diversion under section 1001.36. For

1 All further statutory references are to the Penal Code unless otherwise indicated.

reasons that we will explain, we will conditionally reverse the judgment and remand the matter for the trial court to conduct a mental health diversion eligibility hearing. II. FACTUAL AND PROCEDURAL BACKGROUND A. Case No. 17CR06943 In 2017, defendant entered an inhabited residence without permission and with the intent to commit theft. Defendant was charged by complaint in case No. 17CR06943. He pleaded guilty to first degree burglary (§ 459). The trial court suspended imposition of sentence and placed defendant on probation for three years with various terms and conditions, including that he serve 210 days in county jail. B. Case Nos. 17CR08103 and 18CR01092 In case No. 17CR08103, defendant was charged by first amended information with two counts of battery by gassing (§ 243.9, subd. (a); counts 1 & 2) and one count of assault on a custodial officer (§ 241.1; count 3) for an incident that occurred while defendant was in custody on December 26, 2017. The information also alleged that defendant had suffered a prior strike conviction (§ 667, subds. (b)-(i)). In case No. 18CR01092, defendant was charged by information with battery on a custodial officer (§ 243.1; count 1) and assault on a custodial officer (§ 241.1; count 2) after another in-custody incident on February 26, 2018. The information also alleged that defendant had suffered a prior strike conviction (§ 667, subds. (b)-(i)). On March 15, 2018, the two cases involving in-custody incidents were consolidated on motion of the prosecutor. That same day, a second amended information was filed under the earlier of the two case numbers—17CR08103—containing the same counts and allegations from both cases. The evidence at trial included the following. On December 26, 2017, two correctional officers were delivering food to inmates in an administrative segregation unit in the county jail. Defendant threw urine from a cup after his cell door was opened. The urine