People v. Slavens CA3

Filed 4/12/22 P. v. Slavens CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C093249

Plaintiff and Respondent, (Super. Ct. Nos. 20F4340, 19F2250, 16F6091) v.

ROBERT WILLIS SLAVENS,

Defendant and Appellant.

A jury found defendant Robert Willis Slavens guilty on four counts of felony resisting an executive officer (Pen. Code, § 69)1 and two counts of misdemeanor resisting a public officer (§ 148, subd. (a)(1)). The trial court revoked defendant’s probation in two, unrelated cases and sentenced him to an aggregate term of 14 years in state prison. On appeal, defendant contends there was insufficient evidence to convict him on two of

1 Undesignated statutory references are to the Penal Code.

1

the felony convictions. He also contends the trial court abused its discretion in imposing consecutive sentences and asks this court to review the trial court’s ruling on his Pitchess motion. We affirm the judgment. I. BACKGROUND In July 2020, defendant was serving his probation in Shasta County Superior Court case Nos. 19F2250 (case No. 250) and 16F6091 (case No. 091). As a condition of his probation, defendant was prohibited from using illegal drugs and was required to submit to regular drug testing. On July 14, 2020, defendant arrived at the probation office to provide a sample for testing. Deputy Probation Officer Casey Verne Chorpenning brought defendant into the “back office” restroom to “watch him provide the urinalysis sample.” Deputy Chorpenning then walked defendant out of the restroom and showed the sample to defendant’s probation officer, Deputy Probation Officer Delina Brown. Deputy Brown was able to see that the sample tested positive for methamphetamine and amphetamine; she asked defendant to sit in the chair just outside the bathroom. Deputy Brown then asked defendant when he last used drugs; he admitted to using “two or three days ago while he was in custody.” Deputy Brown asked defendant to stand up and “place his hands on the wall.” Defendant stood, placed one hand on the wall then looked over both his shoulders. Deputy Chorpenning was nearby filling out paperwork; Deputy Probation Officer Schuette stood to Deputy Brown’s right. Deputy Brown then asked defendant to put his hands “behind his back and interlace his fingers.” Deputy Chorpenning heard the exchange and turned to watch Deputy Brown detain defendant. Deputy Brown “attempted to place [a] control hold” on defendant but he “ripped away” from her and tried to leave. Deputy Brown told defendant to stop, but he refused and continued toward the exit.