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People v. Prescott5/22/2002
PROCEDURAL HISTORY
On October 27, 2000, appellant James Prescott was charged in a two-count information filed in Kern County Superior Court. Count one charged appellant with a violation of Penal Code section 4501.5, battery by an inmate on a nonconfined person, i.e., a correctional officer (Officer A. Bicknell); count two alleged appellant committed a felony violation of Penal Code section 69, obstructing or resisting executive officers (correctional officers G. Garrett, J. Zermeno, M. Mojica and Sergeant E. Smith) in the performance of their duties. It was further alleged as to each count, that appellant had suffered three prior strike convictions, within the meaning of Penal Code sections 667, subdivisions (c) through (j) and 1170.12, subdivisions (a) through (e). It was also alleged as to each count, that appellant had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Each of appellant's prior strike convictions were alleged to be for assault with a deadly weapon with great bodily injury. (Pen. Code, §§ 245, subd. (a)(1), 12022.7.) On October 30, 2000, appellant entered pleas of not guilty to each count and denied the appended allegations.
During jury selection on January 8, 2001, the prosecution moved, outside the presence of potential jurors, to amend the information correcting the allegation of appellant's 1993 prior conviction for assault with a deadly weapon to delete references indicating appellant inflicted great bodily injury (Pen. Code, § 12022.7). The court granted the prosecution's motion and amended the information by interlineation. Appellant's motion to bifurcate the trial on his prior convictions from the trial as to guilt, was granted.
On January 10, 2001, the jury returned its verdict finding appellant guilty as charged. The jury was thereafter dismissed. Appellant's prior convictions were then tried before the court. The court found as true the prior conviction allegations which were appended to count one and count two.
On February 7, 2001, appellant's motion to strike his prior convictions was denied. Appellant was sentenced to a term of 25 years to life on count one, with a one-year enhancement for the prior prison term. (Pen. Code, § 667.5, subd. (b).) Appellant was sentenced to a concurrent term of 25 years to life on count two. Both sentences to be served consecutive to appellant's current sentence of nine years, resulting from his conviction in Riverside County Superior Court case No. RIF75137. The court also imposed two restitution fines pursuant to Penal Code sections 1202.4, subdivision (b) and 1202.45.
On February 13, 2001, appellant timely filed his notice of appeal.
STATEMENT OF FACTS
Prosecution Case
At approximately 12:50 p.m. on May 9, 2000, Correctional Officers Bicknell and Garrett were on duty at the North Kern State Prison. As Officers Bicknell and Garrett entered the administrative segregation (ad/seg) unit appellant's cell door opened and appellant stepped into the doorway of his cell. Prisoners in the ad/seg unit are not allowed outside of their cells without first being searched and then handcuffed with their hands behind their backs. The ad/seg cell doors are perforated steel with a clear Plexiglas cover to allow officers to look inside the cell without the inmates being able to throw objects at the officers. There is a port in the door and Plexiglas that is used for serving food to the inmates, and is also used when searching or handcuffing the inmates. The ad/seg cell doors are operated electronically by the control booth operator. The motors that operate the cell doors are outside the cells and above the door.
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