People v. Adams CA3

Filed 4/20/21 P. v. Adams CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Lassen) ----

THE PEOPLE, C091094

Plaintiff and Respondent, (Super. Ct. No. CC036584)

v.

XAVIER AKEEM ADAMS,

Defendant and Appellant.

Appointed counsel for defendant, Xavier Akeem Adams, has asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the trial court’s order.

1

BACKGROUND The People’s information charged defendant with battery on a nonprisoner by prisoner (Pen. Code, § 4501.5;1 count I) and resisting an executive officer (§ 69; count II). The information also alleged defendant had suffered a prior strike (§ 667, subds. (b)-(i)). Defendant pleaded not guilty and denied the enhancement allegation. Following the denial of defendant’s motion to dismiss the case and/or continue the trial because of discovery delays, the court bifurcated the prior strike enhancement, and the two substantive charges were tried to a jury. At trial, the People presented the testimony of three correctional officers who witnessed the underlying incident: Officer Janae Fisher, Officer Anthony Lares, and Officer Brett Cox. This testimony established that defendant was a prisoner at the California Correctional Center who was headed into the prison chapel for religious services. In order to enter the chapel, an inmate must have his shirt tucked in and ID out. Officer Fisher instructed defendant to tuck in his shirt. Defendant made eye contact, but ignored her. Fisher again told defendant to tuck in his shirt. Defendant feigned tucking in his shirt and continued into the chapel. Officer Lares noticed defendant’s shirt was still untucked. He asked defendant why his shirt was not tucked in and reiterated the requirements to enter the chapel. Defendant became upset and twice told Lares, “stop talking to me.” Officer Lares instructed defendant to step outside the chapel and defendant refused. Defendant then refused orders from Officer Lares and Officer Cox to submit to handcuffing, clenching his fists and taking an aggressive posture. Officer Lares grabbed defendant and spun him so that he was facing the wall. Lares attempted to handcuff defendant, but defendant resisted by holding his hands in