P. .v Jackson CA2/2

Filed 4/2/13 P. .v Jackson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B239857

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA053381) v.

BERNARD JACKSON,

Defendant and Appellant.

THE COURT:* Appellant Bernard Jackson (Jackson) appeals from his conviction following a plea of no contest on two counts of resisting an executive officer in violation of Penal Code section 69.1 His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and advised us that he could not identify any appellate issues. Subsequently, on August 20, 2012, we notified Jackson that he had 30 days within which to identify any issues he wishes us to consider. He filed a supplemental brief on September 19, 2012. Soon after, his attorney filed a motion to augment the record on appeal to include the reporter’s transcript from the hearings on September 29, 2011,

* BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J. 1 All further statutory references are to the Penal Code unless otherwise indicated.

October 21, 2011, and October 31, 2011. We granted that motion. Jackson filed a second supplemental brief on January 14, 2013. The probation report indicates that on July 11, 2011, Jackson attended a family gathering at his mother’s home. He was supposed to leave and spend the night elsewhere. After he left, his mother locked all the doors. Jackson then returned and kicked in the back door. He held a sword and stood in a threatening manner. His mother called local emergency services. Sheriff’s deputies responded to the scene. Jackson turned over the sword. But then, while he was being searched, he became angry and aggressive. He broke away and stood in a combative stance. He told the deputies, “Let’s go, just fucking shoot me[,] man.” The deputies used a taser on Jackson. He tried to run away four times. In case No. MA053381, Jackson was charged with five counts of resisting an executive officer (§ 69) (counts 1-5); one count of exhibiting a deadly weapon (§ 417, subd. (a)) (count 6); and one count of vandalism under $400 (§ 594, subd. (a)) (count 7). As to counts 1-5, it was alleged that Jackson suffered four prior convictions of serious or violent felonies within the meaning of section 1170.12, subdivisions (a) through (d) and section 667, subdivision (b) through (i). Also, he suffered a prior prison term pursuant to section 667.5, subdivision (b). On September 27, 2011, Jackson appeared for a hearing. Judge Hayden Zacky informed Jackson that he had been sentenced to three years in state prison in case No. LA066717, but execution of the sentence was suspended and he was on probation. Because of case No. MA053381, the three-year sentence in case No. LA066717 would have to be imposed. The district attorney made the following offer. If Jackson pleaded to one of the felony counts in case No. MA053381 and admitted a strike prior, he would receive 32 months in state prison. The three years for case No. LA066717 would be imposed but run concurrently. Jackson said he did not want to take the deal. The trial court asked defense counsel, Lyall Beggs, if he was ready for trial. Mr. Beggs said he was waiting for discovery of a use of force videotape. Judge Zacky then asked if Jackson would waive his speedy trial rights. He said he did not want to. He made an oral motion