People v. Creamer CA5

Filed 8/30/23 P. v. Creamer 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085329 Plaintiff and Respondent, (Super. Ct. No. PCF420244) v.

BRUCE WARREN CREAMER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Robert Anthony Fultz, Judge. Thomas R. O’Brien, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Franson, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment and sentence (Cal. Rules of Court, rule 8.204(a)(2)(B)) and is appealable pursuant to Penal Code section 1237, subdivision (a).1 STATEMENT OF THE CASE On April 1, 2022,2 the Tulare County District Attorney filed a one-count information alleging that on November 9, 2021, appellant Bruce Warren Creamer violated the provisions of section 18740,3 a felony. The information further alleged that pursuant to section 18780, sentence cannot be suspended or probation granted, and that the aggravated sentence might be sought. On May 24, the court ruled on motions in limine and empaneled a jury. On May 25, the court heard and denied Creamer’s Marsden4 motion. After opening statements, the People called and examined five witnesses. The People then rested. Defense counsel called and examined Creamer. During a recess in Creamer’s testimony, defense counsel moved for a mistrial. After argument, the court denied the motion. Creamer resumed his testimony and the defense rested. On May 26, trial resumed. The court read the jury instructions and counsel presented their closing arguments before the jurors began deliberating. The jurors requested a transcript of part of Creamer’s testimony, and the trial court had the court reporter read the relevant testimony to the jury. The jury returned with a verdict of guilty

1 All statutory references are to the Penal Code unless otherwise stated.

2 All references to dates are to dates in 2022 unless otherwise stated.