People v. Young CA5

Filed 9/20/23 P. v. Young 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084534 Plaintiff and Respondent, (Super. Ct. No. MF010719A) v.

EDDIE L. YOUNG, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Michele A. Douglass, 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 Franson, Acting P. J., Smith, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This is an appeal after a no contest plea and finally disposes of all issues between the parties. (Pen. Code,1 § 1237, subd. (b); Cal. Rules of Court, rule 8.204(a)(2)(B).) STATEMENT OF THE CASE On September 24, 2013, Young was charged in case number MF010719A with aggravated battery by gassing on a peace officer (§ 4501.1; count 1) and battery by a prisoner on a non-confined person (§ 4501.5; count 2). As to both counts it was alleged Young had suffered six prior strike convictions (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)) and served two prior prison terms. (§ 667.5, subd. (b).) On March 15, 2016, Young was charged in case number DF012289A with battery by a prisoner on a non-confined person (§ 4501.5; count 1). It was also alleged Young had suffered six prior strike convictions (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)) and served two prior prison terms. (§ 667.5, subd. (b).) On July 25, 2016, Young was charged in case number DF012437A with battery by a prisoner on a non-confined person (§ 4501.5; count 1). It was also alleged Young had suffered six prior strike convictions (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)) and served two prior prison terms. (§ 667.5, subd. (b).) In these cases, there were extensive pretrial proceedings, including numerous motions to relieve counsel, motions for continuances, motions for production of CDCR personnel records, discovery motions, and other matters. On February 6, 2017, the prosecutor moved to consolidate the three cases. The motion was granted to consolidate DF012289A with DF012437A but denied as to MF010719A. On May 28, 2019, the prosecutor moved to revoke Young’s pro per status in MF010719A and consolidate it with the two previously consolidated cases. The motion