People v. Arango CA2/6

Filed 4/20/23 P. v. Arango CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B321197 (Super. Ct. No. 21CR06136) Plaintiff and Respondent, (Santa Barbara County)

v.

JONATHAN ARANGO,

Defendant and Appellant.

Jonathan Arango appeals from the judgment after a jury convicted him of felony possession of methamphetamine in jail (Pen. Code,1 § 4573.6, subd. (a)) and misdemeanor resisting a peace officer (§ 148, subd. (a)(1)). In a bifurcated proceeding, the trial court found true an allegation that Arango had suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (d)). It sentenced him to eight years in state prison on his possession conviction (the upper term of four years, doubled) and a concurrent 180 days on his resisting conviction.

1 Statutory references are to the Penal Code.

Arango contends: (1) the judgment should be reversed because he was restrained during trial, and (2) the matter should be remanded for resentencing because the trial court sentenced him without a probation report. We affirm. FACTUAL AND PROCEDURAL HISTORY In September 2021, sheriff’s deputies at the Santa Barbara County jail discovered that Arango “possibly had been in possession of narcotics.” They took him to an interview room while they searched his cell. No narcotics were found. Inside the interview room deputies told Arango that he would be strip searched. Arango refused to cooperate and assumed a fighting position. Deputies then took him to a visitation booth to calm down. They confirmed there was no contraband in the booth before leaving Arango there. A few minutes later Arango agreed to cooperate during the strip search. Deputies searched his person and did not find any contraband. They then searched the visitation booth and found a bindle of methamphetamine the size of a golf ball. Prior to trial, County Counsel moved the trial court to order Arango to wear leg shackles and a wrist restraint in court. In support of the motion, County Counsel noted that Arango had a “history of unruly, non-conforming, and disruptive behavior” and had accrued multiple disciplinary incidents while in custody: In 2016 he tampered with County property and punched his cellmate in the head while acting as an aggressor in a fight. In 2017 he dressed improperly despite multiple warnings. In 2020 he put graffiti on County property, was part of a jail yard fight, acted disrespectfully toward deputies and failed to comply with their commands, and illicitly possessed both alcohol and prescription drugs. In 2021 he was an aggressor in another fight,