People v. Jackson CA5

Filed 6/30/21 P. v. Jackson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079700 Plaintiff and Respondent, (Super. Ct. No. CRF52955) v.

BRONSHI MAURICE JACKSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. James A. Boscoe, Judge. Matthew J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Daniel B. Bernstein, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Franson, J. and DeSantos, J.

Defendant Bronshi Maurice Jackson was convicted by jury trial of battery by a prisoner of a nonconfined person after he spit on a correctional officer. On appeal, he contends there was insufficient evidence to support his conviction. We affirm. PROCEDURAL SUMMARY On March 30, 2017, the Tuolumne County District Attorney filed an information charging defendant with battery by a prisoner of a nonconfined person (Pen. Code, § 4501.5;1 count 1). The complaint further alleged defendant had suffered a prior strike conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). Defendant pled not guilty and denied the prior strike allegation. On February 7, 2019, a jury found defendant guilty of count 1. In a bifurcated proceeding, defendant admitted the prior strike allegation. The trial court sentenced defendant to eight years in state prison as follows: three years, doubled to six years pursuant to the Three Strikes law, plus two consecutive years imposed in another case. On July 25, 2019, defendant filed a notice of appeal. FACTUAL SUMMARY On February 17, 2017, Correctional Officer Ralph Hansen was working at Sierra Conservation Center as a health care escort officer, escorting inmates to health appointments. That morning, Hansen attempted to escort defendant to a doctor’s appointment. After Hansen handcuffed defendant and removed him from his cell, defendant refused to see the doctor. Hansen put defendant back in his cell, but defendant refused to let him remove the handcuffs. He told Hansen that he was not going to return them and began yelling profanities. Hansen then notified a sergeant. When the sergeant approached defendant’s cell, defendant began kicking at the door. He stated that he had been there too long and wanted to kill himself.