People v. Benedict CA3

Filed 3/23/21 P. v. Benedict CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C091708

Plaintiff and Respondent, (Super. Ct. No. 18FE002865)

v.

JOSHUA ALLEN BENEDICT,

Defendant and Appellant.

Appointed counsel for defendant Joshua Allen Benedict filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a supplemental brief raising several issues. After reviewing the entire record, 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, 123-124.)

1

FACTUAL AND PROCEDURAL BACKGROUND

On February 12, 2018, Rancho Cordova police officers encountered defendant with his girlfriend after receiving a call of domestic violence. Deputies tried to separate defendant from the potential victim and defendant became noncooperative, started yelling, and refused to comply. The detainment turned into a struggle on the ground before defendant eventually was arrested. On April 4, 2018, while on bail, defendant again violently resisted an officer or officers after violating a protective order. This included trying to get out of the police car and rolling away from officers, requiring them to place him in maximum restraints. Defendant was charged with two felony counts of violently resisting an officer or officers (Pen. Code, § 69)1 and two misdemeanor counts of violating a protective order (§ 273.6, subd. (a)). It also was alleged that defendant committed the second resisting an officer or officers offense while out on bail. (§ 12022.1.) In May 2018, the court found defendant competent to stand trial, and denied a Marsden2 motion to remove his attorney. In August 2018, defendant’s counsel filed a Pitchess3 motion for discovery of law enforcement personnel documents related to defendant’s arrests. On September 10, 2018, defendant pleaded guilty to both counts of violently resisting an officer of officers, one violation of a protective order, and the bail enhancement. The court sentenced defendant to the stipulated term of four years eight months, with the last two years and eight months suspended pending successful completion of mandatory supervision. The court also imposed a no contact order in favor